GIFT  or 


ELECTION  LAW 


OF 


NORTH    CAROLINA, 


[Revisal  of  1905,  Vols.  I  and  II.] 


hX 


.w 


E.  M.  UZZELL  &  CO.,  STATE  PRINTERS,  RALEIGH,  N.  C. 


^v<>. 


(^^i.'^ 


NOTE 


This  pamphlet  is  printed  from  the  Revisal  of  1905  and  contains: 

1.  Chapter  90 — Elections.     Pages  3-34. 

2.  Chapter  81 — Crimes,  subchapter  10 — Elections.     Pages  31-38. 

3.  Miscellaneous  sections  relating  to  elections,  arranged  numeri- 
cally without  regard  to  subject-matter.     Pages  38-64. 

See  Index. 

J.  BRYAX  GRIMES, 

Secretary  of  State. 


CHAPTEK  90. 

ELECTIONS. 

Sections. 

I. 

Definition, 

4292 

IT. 

When  held, 

4293—4299 

III. 

State  board, 

4300—4302 

IV. 

County  board, 

4303—4314 

V. 

Qualification  of  voters, 

4315—4317 

VI. 

Registration  of  voters. 

4318—4324 

VII. 

Permanent  registration, 

4325—4335 

VIII. 

Judges, 

4336—4338 

IX. 

Challenges, 

4339—4340 

X. 

How  conducted. 

4341—4347 

XI. 

County  board  of  canvassers, 

4.348—4356 

XII. 

State  board  of  canvassers. 

4357^-4362 

XIII. 

State  officers, 

4363—4364 

XIV. 

Congressmen, 

4365—4370 

XV. 

Presidential  electors, 

4371—4375 

XVI. 

Miscellaneous, 

I.     Definition. 

4376—4383 

4292.  Political  party.  The  words  ''political  party,"  as  used  in 
this  chapter,  shall  be  construed  to  mean  every  such  political  party  or 
organization  whose  candidate  for  governor  received  as  many  as  fifty 
thousand  votes  in  the  election  held  August  second,  one  thousand  nine 
hundred. 


1901,  c.  89,  s.  85. 


II.     When  Held. 


4293.  State  officers.  On  Tuesday  next  after  the  first  Monday 
in  jSTovember  in  the  year  of  our  Lord  one  thousand  nine  hundred 
and  four,  and  every  four  years  thereafter,  an  election  shall  be  held 
in  the  several  election  precincts  in  each  county  for  the  following 
officers:  Governor,  lieutenant  governor,  secretary  of  state,  auditor, 
treasurer,  superintendent  of  public  instruction,  attorney  general, 
and  other  state  officers  whose  terms  last  for  four  years,  and  at  said 
time  and  every  two  years  thereafter,  elections  shall  be  held  in  the 
several  election  precincts  in  each  county  for  other  state  officers  whose 
election  is  not  otherwise  provided  for  by  law. 

1901,  c.  89,  s.  3. 

4294.  For  presidential  electors.  On  the  Tuesday  next  after  the 
first  Monday  in  the  month  of  E'ovember  in  the  year  of  our  Lord 
one  thousand  nine  hundred  and  eight,  and  every  four  years  there- 


257176 


•  J  «  *  a    ■« 


4^^/l  >:  v':*^?  OEI-PCTIONS— //.   When  Held.  Ch.  90 

after,  or  on  such  days  as  the  Congress  of  the  United  States  shall 
have  directed,  a  poll  shall  be  opened  in  each  of  the  precincts  of  the 
state  for  the  election  of  electors  of  president  and  vice-president  of 
the  United  States,  the  number  of  whom  is  to  be  equal  to  the  num- 
ber of  senators  and  representatives  in  Congress  to  which  this  state 
may  be  entitled,  and  the  persons  shall  be  electors  for  the  state  as 
aforesaid,  and  the  voting  place  in  each  ward  or  precinct  shall  be 
the  same  as  in  elections  for  members  of  the  general  assembly,  unless 
changed  by  the  county  board  of  elections. 
1901,  c.  89,  s.  77. 

4295.  For  president  and  vice-president,  by  electors.  The  per- 
sons elected  and  appointed  as  electors  of  the  president  and  vice- 
president  of  the  United  States  shall  assemble  on  the  second  Mon- 
day of  January,  in  the  capitol  at  the  city  of  Raleigh,  and  then 
and  there  give  their  votes  on  behalf  of  the  state  of  I^orth  Carolina 
for  president  and  vice-president  of  the  United  States,  and  proceed 
in  relation  thereto  in  all  things  conformably  to  the  constitution  of 
the  United  States  and  the  acts  of  Congress  in  that  behalf. 

1901,  c.   89,   s.   82. 

4296.  County  officers,  solicitors  and  congressmen.    On  the 

Tuesday  next  after  the  first  Monday  in  November  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  six,  and  every  two  years  there- 
after, an  election  shall  be  held  in  the  several  election  precincts  in 
each  county  for  members  of  Congress  in  the  several  districts,  mem- 
bers of  the  general  assembly  for  their  respective  counties  and  dis- 
tricts, a  register  of  deeds,  county  surveyor,  coroner,  sheriff,  county 
commissioners,  where  the  county  commissioners  are  elected  by  the 
people,  and  in  such  counties  as  have  one,  a  county  treasurer,  and 
other  officers,  whose  terms  are  for  two  years.  And  on  the  said  first 
Tuesday  after  the  first  Monday  in  November  in  the  year  of  our 
Lord  one  thousand  nine  hundred  and  six,  and  every  four  years 
thereafter,  an  election  shall  be  held  in  each  county  for  clerk  of  the 
superior  court,  and  at  such  times  an  election  shall  be  held  in  the 
several  judicial  districts  for  the  office  of  solicitor. 

1901,  c.  89,  s.  1. 

Note.     See  also,  s.  4367. 

4297.  Township  offices.  On  the  first  Tuesday  after  the  first 
Monday  in  November  in  the  year  of  our  Lord  one  thousand  nine 
hundred  and  six,  and  every  two  years  thereafter,  an  election  shall 
be  held  in  each  township  for  the  office  of  constable,  and  also  for 
justices  of  the  peace  in  such  counties  as  elect  them  by  a  vote  of  the 
people,  and  all  other  officers  elected  by  a  vote  of  the  township. 

1901,  c.  89,  s.  2. 


4298  ELECTIONS— 11.    When  Held.  Ch.  90 

4298.  Special  election  for  members  of  general  assembly.  When 

a  vacancy  occurs  in  the  general  assembly 'by  death,  resignation  or 
otherwise,  it  shall  be  the  duty  of  the  chairman  of  the  county  board 
of  elections,  or  of  the  sheriff  of  the  county  in  which  the  late  mem- 
ber resided,  provided  the  general  assembly  shall  not  be  in  session,  to 
notify  the  governor  of  such  vacancy,  and  in  case  the  general  assem- 
bly shall  be  in  session  when  such  vacancy  occurs,  it  shall  be  the 
duty  of  the  presiding  officer  in  the  house  in  which  the  vacancy  occurs 
to  notify  the  governor  of  the  same,  who  shall  thereupon  issue  a  writ 
of  election  to  the  chairman  or  chairmen  of  the  district*  or  county 
represented  by  the  late  member,  said  election  to  be  held  at  such 
time  as  the  governor  may  designate,  and  in  such  manner  as  may  be 
prescribed  by  law. 

1901,  c.  89,  s.  74. 

4299.  Vacancies  in  state  offices.  Whenever  any  vacancies  shall 
exist  by  reason  of  death,  resignation  or  otherwise,  in  ^ny  of  the  fol- 
lowing offices,  to-wit:  Secretary  of  state,  auditor,  treasurer,  superin- 
tendent of  public  instruction,  attorney  general,  solicitor,  justices  of 
the  supreme  court,  judges  of  the  superior  court,  or  any  other  state  offi- 
cer elected  by  the  people,  the  same  shall  be  filled  by  elections,  to  be 
held  in  the  manner  and  places  and  under  the  same  regiilations  and 
rules  as  prescribed  for  general  elections,  at  the  next  regular  election 
for  members  of  the  general  assembly,  which  shall  occur  more  than 
thirty  days  after  such  vacancy,  except  as  otherwise  provided  for  in 
the  constitution. 

1901,  c.  89,  ss.  4,   73. 

III.     State  Board. 

4300.  Appointed  by  the  governor;  term  of  office.  There  shall 

be  a  state  board  of  elections,  consisting  of  five  electors,  whose  terms 
of  office  shall  begin  on  the  first  day  of  June,  one  thousand  nine  hun- 
dred and  five,  and  continue  for  two  years  and  until  their  successors 
are  appointed  and  qualified.  The  governor  shall  appoint  the  mem- 
bers of  this  board,  and  not  more  than  three  of  them  shall  be  of  the 
same  political  party.  Their  successors  shall  likewise  be  appointed 
by  the  governor,  and  their  term  of  office  shall  continue  for  two  years 
and  until  their  successors  are  elected  and  qualified. 

1901,  c.   89,   s.   5. 

4301.  When  to  meet;  vacancies,  how  filled.  The  state  board  of 

elections  shall  meet  in  Ealeigh  on  the  first  Monday  in  July  in  the 
year  nineteen  hundred  and  six  and  shall  organize  by  electing  one 
of  its  members  chairman  and  another  secretary,  and  the  chair- 
man of  said  board  may  call  such  meetings  as  may  be  necessary  to 


4301  ELECTIONS— ///.  State  Board.  Cli.  90 

discharge  the  duties  and  functions  imposed  upon  said  board  bj  this 
chapter  at  such  times  and  places  as  he  may  appoint.  Any  vacancy 
occurring  in  the  said  board  shall  be  filled  by  the  governor,  and  the 
person  so  appointed  shall  fill  the  unexpired  term. 

1901,  e.  89,  s.  7. 

4302.  Called  meetings;  authority;  quorum.   The  chairman  of 

the  state  board  of  elections  shall  call  a  meeting  of  the  board  upon 
the  application  in  writing  of  any  two  members  thereof,  or  if  there 
be  no  chairman,  or  the  chairman  does  not  call  such  meeting,  any 
three  members  of  the  said  board  shall  have  power  to  call  a  meeting 
of  tthe  board.  And  any  duty  imposed  or  power  conferred  by  this 
chapter  may  be  performed  or  exercised  at  such  meeting,  although 
the  time  for  performing  or  exercising  the  same  prescribed  by  this 
chapter  may  have  expired.  And  if  at  any  meeting  any  member  of 
said  board  shall  fail  to  attend,  and  by  reason  thereof  there  is  a 
failure  of  a  quorum,  the  members  attending  shall  adjourn  from  day 
to  day,  for  not  more  than  two  days,  at  the  end  of  which  time,  if 
there  should  be  no  quorum,  the  governor  may  remove  the  members 
so  failing  to  attend  summarily  and  appoint  their  successors. 
1901,  c.  89,  s.  7. 

IV.     County  Board. 

4303.  Consists  of  three  members;  when  appointed;  qualifica- 
tion. There  shall  be  in  every  county  in  the  state  a  county  board  of 
elections  to  consist  of  three  persons  of  good  moral  character,  who 
are  electors  in  the  county  in  which  they  are  to  act,  who  shall  be  ap- 
pointed by  the  state  board  of  elections  at  least  three  months  before 
the  next  general  state  election,  and  biennially  thereafter,  and  whose 
terms  of  office  shall  continue  for  two  years  from  the  time  of  their 
appointment  and  until  their  successors  are  appointed  and  qualified, 
unless  sooner  removed  therefrom  as  hereinafter  provided.  ]^ot  more 
than  two  members  of  the  county  board  of  elections  shall  belong  to 
the  same  political  party,  and  the  state  chairman  of  each  political 
party  shall  have  the  right  to  reconmiend  three  electors  in  each  county, 
and  it  shall  be  the  duty  of  the  state  board  of  elections  to  appoint 
said  county  board  from  the  names  thus  recommended:  Provided, 
that  said  chairmen  shall  recommend  such  persons  on  or  before  the 
first  Monday  of  Augaist  of  each  year  in  which  appointments  are  to 
be  made. 

1901,  c.  89,  s.  6. 

4304.  When  to  meet.  It  shall  be  the  duty  of  the  county  board  of 
elections  to  meet  in  their  respective  counties  not  later  than  the  first 
Monday  in  September,  in  the  year  of  our  Lord  one  thousand  nine 


4304  ELECTIONS— IF.    CounUj  Board.  Ch.  90 

hundred  and  six,  and  biennially  thereafter,  and,  a  majority  being 
present,  they  shall  organize  by  electing  one  of  its  members  chair- 
man and  another  secretary,  and  it  may  meet  at  such  other  times 
and  places  as  the  chairman  of  said  board,  or  any  two  members 
thereof,  may  direct  to  divide  their  respective  counties  into  election 
precincts  and  fix  the  polling  places. 
1901,  c.  89,  s.  11. 

4305.  Polling  places  created,  altered  or  changed.  The  county 

board  of  elections  may,  in  their  respective  counties,  adopt  the  present 
election  precincts,  or  they  may  establish  new  precincts,  but  the  elec- 
tion precincts  and  polling  places  as  now  fixed  in  each  county  shall  re- 
main as  they  now  are  until  altered.  In  the  case  of  the  alteration  of 
the  election  precincts  or  polling  places  therein,  they  shall  give  twenty 
days'  notice  thereof,  in  some  public  journal,  or  in  lieu  thereof,  in 
tliree  public  places  in  such  county,  and  at  the  courthouse  door.  And 
the  county  board  of  elections  shall  have  power  from'  time  to  time, 
after  dividing  their  counties  into  election  precincts,  to  establish, 
alter,  discontinue,  or  create  such  new  election  precincts  in  their 
respective  counties  as  they  may  deem  expedient,  giving  twenty  days' 
notice  thereof,  by  advertising  in  some  public  journal,  or  in  lieu 
thereof,  in  three  public  places  in  such  county,  and  at  the  courthouse 
door.  If  any  polling  place  is  changed  in  any  precinct,  like  adver- 
tisement of  such  change  shall  be  given.  And  there  shall  be  at  least 
one  polling  place  in  every  township,  conveniently  located  for  a  ma- 
jority of  the  voters. 
1901,  c.  89,  s.  11. 

4306.  Furnished  with  necessary  books  and  stationery.   The 

'county  board  of  elections  shall  make  thpir  requisition  upon  the  sec- 
retary of  state  for  such  books,  blanks,  and  stationery  as  may  be 
necessary  for  the  registration  of  voters  and  holding  elections  in 
their  respective  counties.  And  if  the  secretary  of  state  shall  fail 
to  provide  said  books,  blanks  or  stationery,  it  shall  be  the  duty  of 
the  said  board  to  provide  the  same  at  the  expense  of  the  state. 
1901,  c.  89,  s.  11. 

4307.  Appoints  registrars  and  judges  of  election.  The  county 

board  of  elections  in  each  county  shall  appoint  all  registrars  and 
judges  of  election  in  their  respective  counties,  and  fill  vacancies 
except  as  herein  provided. 

1901,  c.  89,  s.  8. 

4308.  Appoint  registrars;  may  remove,  and  appoint  others. 

The  county  board  of  elections  of  the  several  counties  shall  select, 
on  or  before  the  first  Monday  in  September  in  the  year  of  our  Lord 


4308  ELECTiaXS— /F.   County  Board.  Cli.   00 

one  thousand  nine  hundred  and  six,  and  biennially  thereafter,  one 
person  of  good  repute  and  standing,  who  shall  act  as  registrar  for 
each  township,  w^ard  or  precinct.  The  said  county  board  of  elec- 
tions shall  make  publication  of  the  names  of  the  persons  so  selected 
at  the  courthouse  door  immediately  after  such  appointment  and 
shall  cause  a  notice  to  be  served  upon  said  persons  by  the  sheriH". 
If  any  registrar  fail  to  perform  the  duties  of  his  office,  and  for  that 
or  for  any  other  cause  be  removed  from  office,  or  shall  die  or  resign, 
or  if  there  shall  for  any  other  cause  be  a  vacancy  in  said  office,  the 
chairman  of  the  county  board  of  elections  may  appoint  another  in 
his  place.  ISTo  person  who  is  a  candidate  shall  be  a  registrar  or  judge 
of  election. 

1901,  c.  89,  s.  16. 

4309.  How  vacancies  filled.  The  state  board  of  elections  shall 
have  power  to  remove  from  office  any  member  of  the  county  board 
of  elections  for  incompetency,  failure  of  duty,  or  for  any  other  sat- 
isfactory cause.  When  any  member  of  the  county  board  of  elec- 
tions shall  be  removed  by  the  state  board  of  elections,  the  vacancy 
thus  created  shall  be  filled  by  the  state  board  of  elections ;  the  vacancy 
occurring  in  the  county  board  of  elections  for  other  cause  than 
removal  by  the  state  board  of  elections  shall  be  filled  by  the  chair- 
man of  the  state  board  of  elections,  but  the  person  so  appointed  to 
fill  any  vacancy  shall  be  of  the  same  political  party  as  his  prede- 
cessor. 

1901,  c.  89,  s.  9. 

4310.  Removal  of  registrars  and  judges  of  election.  The  county 

board  of  elections  shall  have  power  to  remove  any  registrar  or  judge 
of  election  appointed  by  it  for  incompetency,  failure  to  qualify 
within  the  time  prescribed  by  law,  failure  to  discharge  the  duties  of 
office  after  qualifying,  or  for  any  other  satisfactory  cause. 

1901,  c.  89,  s.  10. 

4311.  Chairman  transmit  returns  by  mail,  when.  The  chair- 
man of  the  county  board  of  elections,  or  other  returning  officer  of 
each  county,  shall,  on  or  before  the  fifth  day  after  the  election,  trans- 
mit by  mail,  in  a  registered  letter  or  otherwise,  to  the  speaker  of  the 
house  of  representatives,  a  separate  statement  of  the  votes  taken  in 
his  county  for  each  of  the  state  officers,  to-wit:  Governor,  lieutenant 
governor,  secretary  of  state,  auditor,  treasurer,  superintendent  of 
public  instruction,  and  attorney  general,  and  other  state  officers ; 
which  statement  in  each  case  shall  be  in  the  following  or  some  simi- 
lar form,  viz. : 


4311  ELECTIONS— /F.   Couiity  Board.  Ch.   90 

State  of  North  Carolina, County. 

I,   ,  the  chairman  of  the  county  board  of  elections  of county, 

do  hereby  certify  that  at  the  election  held  in  the  said  county  to  elect  a  governor 
(or  other  officers,  as  the  case  may  be),  at  the  places  appointed  by  law  for  holding 

elections  for  said  county,  on  the   ....   day  of    ,  A.  D.  one  thousand  nine 

hundred  and  .  .  .  . ,  ....  votes  were  given  for ,  and  ....  votes  for 

Given  under  my  hand,  this  ....  day  of ,  nineteen  hundred  and 


Chairman  of  the  County  Board  of  Elections. 

If  such  statements  are  transmitted  by  mail,  they  shall  be  directed 
in  sealed  packets  to  the  speaker  of  the  house  of  representatives,  in 
care  of  the  secretary  of  state,  and,  if  by  messengers,  they  shall  be 
sent  direct  to  the  speaker  of  the  house  of  representatives,  sealed  as 
aforesaid:  Provided,  that  no  messenger  bringing  said  statements  or 
any  other  abstracts  or  election  returns  sh'all  receive  compensation 
therefor.  The  chairman  of  the  county  board  of  elections,  or  other 
returning  officers,  failing  or  neglecting  to  perform  the  duties  re- 
quired in  this  section,  shall  forfeit  and  pay  two  thousand  dollars,  to 
be  recovered  in  the  superior  court  of  his  county  by  any  person  who 
shall  sue  for  the  same,  and  shall  be  guilty  of  a  misdemeanor,  and 
imprisoned  at  hard  labor  in  the  state's  prison  for  twelve  months: 
Provided  further,  that  the  chairman  of  the  county  board  of  elections 
of  Carteret,  Hyde  and  Dare  shall  have  until  the  eleventh  day  after 
the  election  to  comply  with  this  section. 

1901,  c.  89,  s.   42. 

4312.  Chairman  to  furnish  county  officers  certificate  of  elec- 
tion. The  chairman  of  the  county  board  of  elections  of  each  county 
shall  furnish,  within  ten  days,  the  member  or  members  elected  to 
the  house  of  representatives  and  to  the  senate,  when  the  district  is 
not  composed  of  more  than  one  county,  a  certificate  of  election  under 
his  hand  and  seal.  He  shall  also  immediately  notify  all  persons  • 
elected  to  the  county  offices  to  meet  at  the  courthouse  on  the  first 
Monday  in  the  ensuing  December  to  be  qualified. 

1901,  c.  89,  s.  41. 

4313.  Where  chairmen  meet  in  senatorial  districts.  The  chair- 
men of  the  county  boards  of  elections  in  the  various  senatorial  dis- 
tricts, composed  of  more  than  one  county,  after  receiving  the  returns 
from  the  board  of  county  canvassers,  shall  meet  on  the  ninth  day 
after  election  at  the  following  places  in  their  respective  districts  for 
the  purpose  of  comparing  polls:  In  the  first  district,  at  Hertford, 
in  the  county  of  Perquimans;  in  the  second  district,  at  Plymouth, 
in  the  coimty  of  Washington;  in  the  third  district,  at  Roxobel,  in 
the  county  of  Bertie ;  in  the  seventh  district,  at  ^Nashville,  in  the 
county  of  IsTash;  in  the  eighth  district,  at  New  Bern,  in  the  county 
of  Craven ;  in  the  tenth  district,  at  Wallace,  in  the  county  of  Duplin; 


4313  ELECTIOXS— /F.   County  Board.  Cli.   90 

in  the  eleventh  district,  at  Wilmington,  in  the  county  of  E'ew  Han- 
over; in  the  twelfth  district,  at  Clarkton,  in  the  county  of  Bladen; 
in  the  fifteenth  district,  at  Dunn,  in  the  county  of  Harnett;  in  the 
seventeenth  district,  at  Ridgeway,  in  the  county  of  Warren;  in  the 
eighteenth  district,  at  Berea,  in  the  county  of  Granville ;  in  the  nine- 
teenth district,  at  Plillsboro,  in  the  county  of  Orange ;  in  the  twenty- 
second  district,  at  Aberdeen,  in  the  county  of  Moore ;  in  the  twenty- 
third  district,  at  Asheboro,  in  the  county  of  Randolph ;  in  the  twenty- 
fourth  district,  at  ^Norwood,  in  the  county  of  Stanly ;  in  the  twenty- 
fifth  district,  at  Charlotte,  in  the  county  of  Mecklenburg;  in  the 
twenty-eighth  district,  at  Pilot  Mountain,  in  the  county  of  Surry; 
in  the  twenty-ninth  district,  at  Yadkinville,  in  the  county  of  Yad- 
kin ;  in  the  thirty-first  district,  at  Maiden,  in  the  county  of  Catawba ; 
in  the  thirty-third  district,  at  Rutherfordton,  in  the  county  of  Ruth- 
erford; in  the  thirty-fourth  district,  at  Morganton,  in  the  county  of 
Burke;  in  the  thirty-fifth  district,  at  Jefferson,  in  the  county  of 
Ashe;  in  the  thirty-sixth  district,  at  Burnsville,  in  the  county  of 
Yancey;  in  the  thirty-eighth  district,  at  Sylva,  in  the  county  of 
Jackson;  in  the  thirty-ninth  district,  at  Murphy,  in  the  county  of 
Cherokee. 

1901,  c.  89,  s.  40. 

4314.  Duty  of  senatorial  chairmen.  Said  chairmen  or  a  majority 
of  them  after  they  shall  have  thus  completed  the  comparison  of  the 
polls  shall  judicially  determine  the  result  of  the  election  in  said  sena- 
torial district  and  shall  issue  a  certificate  of  election  substantially 
as  follows : 

State  of  North  Carolina — County  of 

We,   ,  chairman  of  the  county  board  of  elections  of   county ; 

,  chairman  of  the  county  board  of  elections  of county; , 

chairman  of  the  county  board  of  elections  of    county ;    and    , 

chairman  of  the  county  board  of  elections  of county,  do  hereby  certify 

that  we  met  in  pursuance  to  law  at  the  courthouse  in  the  town  of   ,  on 

the  ....  day  of  November, ,  being  the  ninth  day  after  the  general  election, 

and  after  comparing  the  polls  we  find  that — 

received votes. 

received votes. 

, received votes. 

received votes. 

We  therefore  declare  that and have  received  a  majority 

of  the  votes  and  are  duly  elected  as  senators  from  the  senatorial  dis- 
trict of  North  Carolina. 

Witness  our  hands  and  seals,  this   ....  day  of  November,  19 .  . 


(Seal). 
(Seal). 
( Seal ) . 
(Seal). 


If  for  any  cause  a  majority  of  said  chairmen  should  fail  to  be 
present,  those  present  shall  adjourn  for  one  week  and  give  notice  of 


10 


4314  ELECTIONS— /F.   County  Board.  Ch.  90 

such  adjournment  to  the  absent  chairmen,  which  notice  shall  be 
served  by  the  sheriff  of  the  county  where  such  chairmen  may  reside : 
Provided,  however,  if  any  such  chairmen  shall  be  incapacitated  by 
sickness  from  attending  it  shall  be  the  duty  of  the  secretary  of  the 
board  to  attend  in  place  of  such  chairmen  and  exercise  the  powder  con- 
ferred by  this  section  upon  such  chairmen. 
1905,  c.  510. 

V.     Qualification  of  Votees. 

4315.  Who  may  not  vote.  The  following  classes  of  persons  shall 
not  be  allowed  to  register  or  vote  in  this  state,  to-wit:  Eirst,  persons 
under  twenty-one.  years  of  age ;  second,  idiots  and  lunatics ;  third, 
persons  w^ho  have  been  convicted  or  confessed  their  gaiilt  in  open 
court,  upon  indictment,  of  any  crime,  the  punishment  of  which 
is  now^,  or  may  hereafter  be,  imprisonment  in  the  state's  prison, 
unless  such  person  shall  have  been  restored  to  citizenship  in  the 
manner  prescribed  by  law. 

1901,  c.  89,  s.  14. 

4316.  Who  may  vote.  Subject  to  the  exceptions  contained  in 
the  preceding  section,  every  male  person  who  has  been  naturalized, 
twenty-one  years  of  age,  a  citizen  of  the  state  of  l^orth  Carolina, 
who  shall  have  resided  two  years  in  the  state  and  six  months  in  the 
county,  and  four  months  in  the  precinct,  ward  or  election  district 
in  which  he  offers  to  vote  next  preceding  the  election,  shall,  if  other- 
wise qualified,  as  prescribed  in  this  chapter,  be  a  qualified  elector 
in  the  precinct,  ward,  or  township  in  w^hich  he  resides:  Provided, 
that  removal  from  one  ward,  precinct  or  other  election  district  to 
another  in  the  same  county  shall  not  operate  to  deprive  any  person 
of  the  right  to  vote  in  the  precinct,  ward  or  other  election  district 
from  which  he  has  removed  until  four  months  after  such  removal, 
and  all  electors  shall  register  and  vote  in  the  election  precinct  of 
their  residence,  except  in  case  of  removal,  as  above  specified,  in 
which  case  such  person  shall  register  in  the  township,  ward  or  pre- 
cinct whence  he  has  removed.  The  residence  of  a  married  man 
shall  be  where  his  family  resides,  and  that  of  a  single  man  where 
he  sleeps.  And  it  shall  be  the  duty  of  the  registrar  or  judge  of  elec- 
tion, when  requested  by  any  bystander,  to  swear  any  person  offer- 
ing to  register  as  to  his  residence,  and  to  have  placed  in  writing  oppo- 
site his  name  the  word  ^^Sworn." 

1901,  c.  89,  s.  15. 

4317.  Voter  must  be  registered.  Only  such  persons  as  are  reg- 
istered shall  be  entitled  to  vote  in  any  election  held  under  this  chap- 
ter. 

1901,  c.  89,  s.  12. 

11 


4318  ELECTIONS— r/.  Registration.  Cli.   90 

VI.     Registkation  of  Voteks. 

4318.  Voter  must  be  able  to  read  and  write;  exceptions.  Every 

person  presenting  himself  for  registration  shall  be  able  to  read  and 
write  any  section  of  the  constitution  in  the  English  language,  and 
shall  show  to  the  satisfaction  of  the  registrar  his  ability  to  read 
and  write  any  such  section  when  he  applies  for  registration,  and 
before  he  is  registered:  Provided,  however,  that  no  male  person 
who  was,  on  January  first,  one  thousand  eight  hundred  and  sixty- 
seven,  or  at  any  time  prior  thereto,  entitled  to  vote  under  the  laws  of 
any  state  in  the  United  States  where  he  then  resided,  and  no  lineal 
descendant  of  such  person,  shall  be  denied  the  right  to  register  and 
vote  at  any  election  in  this  state  by  reason  of  his  failure  to  possess 
the  educational  qualification  aforesaid :  Provided,  that  it  shall  be 
made  to  appear  to  the  registrar  that  he  or  his  ancestor  was  entitled 
to  vote  prior  to  January  first,  one  thousand  eight  hundred  and  sixty- 
seven,  in  any  state  in  the  United  States,  as  prescribed  by  article 
six,  section  four,  of  the  constitution,  and  such  person,  if  otherwise 
qualified,  shall  be  registered,  and  no  registrar  shall  have  the  right 
to  inquire  whether  such  person  can  read  or  write. 
1901,  c.  89,  s.  12. 

4319.  Qualifications  as  to  residence  for  voters;  oath  to  be 

taken,  in  all  cases  the  applicant  for  registration  shall  be  sworn  before 
being  registered,  and  shall  state  as  accurately  as  possible  his  name, 
age,  place  of  birth,  place  of  residence,  stating  ward  if  he  resides 
in  an  incorporated  town  or  city,  and  any  other  questions  which  may 
be  material  upon  the  question  of  identity  and  qualification  of  the 
said  applicant  to  be  admitted  to  registration.  The  registrar,  if  in 
doubt  as  to  the  right  of  the  applicant  to  register,  may  require  other 
evidence  satisfactory  to  him  as  to  the  qualification  of  the  applicant. 
And  thereupon  if  the  applicant  shall  be  found  to  be  duly  qualified 
and  entitled  to  be  registered  as  an  elector,  the  registrar  shall  register 
the  applicant,  giving  his  race  opposite  his  name,  and  shall  record 
his  name,  age,  residence,  place  of  birth  and  the  township,  county 
or  state  from  whence  he  has  removed,  in  the  event  of  a  removal, 
in  the  appropriate  column  of  the  registration  books,  and  the  registra- 
tion books  containing  the  said  record  shall  be  evidence  against  the 
applicant  in  any  court  of  law  in  a  proceeding  for  false  or  fraudulent 
registration.  Every  person  qualified  as  an  elector  shall  take  the 
following  oath: 

I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  constitution  of  the 
United  States,  and  the  constitution  of  the  state  of  North  Carolina,  not  incon- 
sistent therewith;   that  I  have  been  a   resident  of  the  state  of  North   Carolina 

for  two  years,  and  of  the  county  of   for  six  months,  and  of    

township  (precinct  or  ward)  for  four  months;  or  that  I  was  a  resident  of 

12 


4319  ELECTIOISrS— y/.  Registration.  Ch.   90 

township    (ward  or  precinct)    on  the    day   of    (being  four  months 

preceding  the  election)   and  removed  therefrom  to township   (ward  or 

precinct),  where  I  have  since  resided;  that  I  am  twenty-one  years  of  age;  that  1 
have  not  registered  for  this  election  in  any  other  ward  or  precinct  or  township. 
So  help  me,  God. 


And  thereupon  the  said  person,  if  otherwise  qualified,  shall  be 
ititled  to  register. 
1901,  c.  89,  s.  12. 


4320.  Poll  tax  must  be  paid  before  person  can  vote;  receipt  ex- 
hibited. No  person  shall  be  entitled  to  vote  unless  he  shall  have  paid 
his  poll  tax  for  the  previous  year,  on  or  before  the  first  day  of  May 
of  the  year  in  which  he  offers  to  vote,  as  prescribed  under  article  five, 
section  one,  of  the  constitution.  Every  person  liable  for  such  poll 
tax  shall,  before  being  allowed  to  vote,  exhibit  to  the  registrar  his 
poll  tax  receipt  for  the  previous  year,  issued  under  the  hand  of 
the  sheriff  or  tax  collector  of  the  county  or  township  where  he  then 
resided;  and  unless  such  poll  tax  receipt  shall  bear  date  on  or  before 
the  first  day  of  May  of  the  year  in  which  he  offers  to  vote,  such 
person  shall  not  be  allowed  to  vote:  Provided,  that  in  lieu  of  such 
poll  tax  receipt  it  shall  be  competent  for  the  registrar  and  judges  of 
election  to  allow  such  person  to  vote  upon  his  taking  and  subscribing 
the  following  oath: 

North  Carolina, County. 

I  do  solemnly  swear  (or  affirm)  that  on  or  before  the  first  day  of  May  of  this 
year  I  paid  my  poll  tax  for  the  previous  year,  as  required  by  article  six,  section 
four,  of  the  constitution  of  North   Carolina.  

Sworn  to  and  subscribed  before  me,  this  the    ....   day  of   ,  19.  . 

^^-  Registrar. 

Which  oath  shall  bear  date  on  the  day  on  which  such  election  is 
held :  Provided  further,  that  if  not  satisfied,  the  registrar  and  judges 
of  election  may  require  other  and  further  proof  of  such  payment  of 
poll  tax. 

1901,  c.  89,  s.  13. 

4321.  Who  may  vote  without  paying  poll  tax.  Xo  person  who 

has  become  of  age  since  the  first  day  of  June  of  the  previous  year, 
or  who  was  fifty  years  of  age  or  over  on  the  first  day  of  June  of  the 
previous  year,  shall  be  required  to  produce  any  poll  tax  receipt,  or 
take  the  oath  as  to  payment  of  polj.  tax  hereinbefore  provided,  in 
order  to  vote.  'Eo  person  who  has  been  exempted  by  the  commis- 
sioners of  the  county  wherein  he  resides  on  account  of  poverty  or 
infirmity  shall  be  required  to  produce  any  poll  tax  receipt  or  to  take 
said  oath  as  to  payment  of  poll  tax  in  order  to  vote.  ^No  person  shall 
be  allowed  to  vote  on  any  exemption  granted  by  the  board  of  com- 

13 


4321  ELECTIO^^S— 7/.  Registration.  Ch.  90 

missioners  unless  the  same  shall  have  been  granted  on  or  before  the 
first  day  of  May  of  the  year  in  which  he  offers  to  vote  and  bears  date 
on  or  before  said  date. 

1901,  c.  89,  s.  13;  1903,  c.  479. 

4322.  When  person  can  register  on  election  day.  Xo  registra- 
tion shall  be  allowed  on  the  day  of  election,  but  if  any  person  shall 
give  satisfactory  evidence  to  the  registrar  and  judges  of  election 
that  he  has  become  qualified  to  register  and  vote  after  the  time  for 
registration  has  expired,  he  shall  be  allowed  to  register  on  that  date. 

1901;  c.  89,  s.  21. 

4323.  Registration  books  kept  open,  when;  registrar  to  take 

oath.  The  registrar  of  each  township,  ward  or  precinct  shall  be  fur- 
nished with  a  registration  book  prepared  as  hereinbefore  provided, 
and  it  shall  b^  his  duty,  between  the  hours  of  nine  o'clock  a.  m.  and 
sunset,  on  each  day  (Sunday  excepted)  for  twenty  days  preceding 
the  day  for  closing  the  registration  books,  as  hereinafter  provided, 
to  keep  open  said  books  for  the  registration  of  any  electors  residing 
within  such  township,  ward  or  precinct  and  entitled  to  registration. 
The  said  books  shall  be  closed  for  registration  at  sunset  on  the 
second  Saturday  before  each  election.  On  each  Saturday  during 
the  period  of  registration,  the  registrar  shall  attend  with  his  reg- 
istration books  at  the  polling  place  of  his  precinct  or  ward  for  the 
registration  of  voters.  Every  registrar,  before  entering  upon  the 
discharge  of  the  duties  of  his  office,  shall  take  an  oath  before  a 
justice  of  the  peace  or  some  other  person  authorized  to  administer 
oaths,  that  he  will  support  the  constitution  of  the  United  States  and 
the  constitution  of  I*^orth  Carolina  not  inconsistent  therewith,  and 
that  he  will  honestly  and  impartially  discharge  the  duties  of  regis- 
trar, and  honestly  and  fairly  conduct  such  election. 
1901,  c.  89,  s.  18. 

4324.  Registration  books  deposited  with  register  of  deeds. 

Immediately  after  any  election,  the  registrar  and  judges  of  election 
shall  deposit  the  registration  books  for  their  respective  precincts 
with  the  register  of  deeds  of  their  respective  counties. 

1901,  c.  89,  s.  25. 

VII.     Permanent  Eegisteation. 

4325.  Who  entitled  JtO.  Every  person  claiming  the  benefit  of  sec- 
tion four  of  article  six  of  the  constitution  of  I^orth  Carolina,  as 
ratified  at  the  general  election  on  the  second  day  of  August,  one 
thousand  nine  hundred,  and  who  shall  be  entitled  to  register  upon 
the  permanent  record  for  registration  provided  for  under  said  section 

14 


4325         ELECTIO^^S— 7//.  Permanent  Registration.         Ch.  90 

four,  shall,  prior  to  December  first,  one  thousand  nine  hundred  and 
eight,  apply  for  registration  to  the  officer  charged  with  the  registra- 
tion of  voters  as  prescribed  by  law  in  each  regular  election  to  be  held 
in  the  state  for  members  of  the  general  assembly,  and  such  person 
shall J;ake  and  subscribe  before  such  officer  an  oath  in  the  following 
form,  viz. : 

I  am  a  citizen  of  the  United  States  and  of  the  state  of  North  Carolina;  I  am 
....  years  of  age.  I  was  on  the  first  day  of  January,  A.  D.  one  thousand  eight 
hundred  and  sixty-seven,  or  prior  to  said  date,  entitled  to  vote  under  the  consti- 
tution and  laws  of  the  state  of    ,  in  which  I  then  resided    (or,  I  am  a 

lineal  descendant  of  ,  who  was  on  January  1,  one  thousand  eight  hun- 
dred and  sixty-seven,  or  prior  to  that  date,  entitled  to  vote  under  the  constitution 
and  laws  of  the  state  of ,  wherein  he  then  resided). 

1901,  c.  550,  s.  1.  . 

4326.  Oaths  administered,  and  names  recorded.   It  shall  be 

the  duty  of  the  officer  charged  with  the  registration  of  voters  in  all 
such  elections  held  in  this  state  until  November  first,  ane  thousand 
nine  hundred  and  eight,  to  administer  such  oaths  and  to  record  the 
name  of  such  person  on  his  roll  of  registered  and  qualified  voters; 
and  all  registration  under  this  chapter  and  under  the  said  section  of 
the  constitution  shall  be  had  and  taken  at  the  times  and  places  pro- 
vided by  law  for  registration  of  voters  for  all  such  elections  in  this 
state  until  !N^ovember  first,  one  thousand  nine  hundred  and  eight. 

1901,  c.  550,  s.  2. 

4327.  Registrar  must  return  list  of,  to  clerk  of  superior  court; 

the  records  in  a  book.  It  shall  be  the  duty  of  such  registration  offi- 
cer, within  five  days  after  the  close  of  the  election,  to  return  to  the 
clerk  of  the  superior  court  of  the  county  in  which  he  resides  a  list 
of  the  names  of  all  the  persons  so  registered  by  him,  stating  therein 
'the  name  and  age  of  such  person,  and  the  name  of  the  person  from 
whom  descended,  unless  he  himself  was  a  voter  on  January  first,  one 
thousand  eight  hundred  and  sixty-seven,  or  prior  thereto,  and  the 
state  wherein  he  or  his  ancestor  was  a  voter  and  the  date  on  w^hich 
he  applied  for  registration,  and  it  shall  be  the  duty  of  the  clerk  of 
the  superior  court,  within  ten  days  after  receipt  of  said  list,  to  make 
an  alphabetical  roll  by  townships  of  all  persons  taking  such  oath  and 
registered  by  such  registrar,  and  to  record  the  same  in  a  book  to  be 
provided  for  that  purpose,  which  said  book  shall  contain  the  name 
and  age  of  such  person,  the  name  of  the  person  from  whom  he  was 
descended,  unless  he  himself  was  a  voter  on  January  first,  one  thou- 
sand eight  hundred  and  sixty-seven,  or  prior  thereto,  the  state  in 
which  he  was  such  voter  and  the  date  he  applied  for  registration. 
And  the  said  roll  shall,  during  the  office  hours  of  said  clerk,  be  open 
to  the  inspection  of  the  public. 

1901,  c.  550,  s.  3;  1903,  c.  557. 

15 


4328  ELECTIO:^S— 7//.  Permanent  Registration.  Cli.  90 

4328.  Clerks  to  certify  list  to  secretary  of  state.  It  shall  be 

the  duty  of  the  several  clerks  of  the  superior  courts  of  this  state  to 
certify  to  the  secretary  of  state,  within  thirty  days  after  the  close  of 
each  election,  a  copy  of  the  said  roll  in  his  office,  and  it  shall  be  the 
duty  of  the  secretary  of  state  to  record,  in  a  book  provided  for  J:hat 
purpose,  the  facts  set  out  in  such  certified  copy,  and  keep  the  lists 
from  each  county  separate.  The  clerk  of  the  superior  court  shall 
keep  the  lists  from  each  township  in  separate  columns.  The  books 
kept  by  such  clerks  and  the  secretary  of  state  shall  be  plainly  let- 
tered ^Termanent  Eoll  of  Eegistered  Voters,"  and  they  shall  pre- 
pare a  complete  alphabetical  index  to  the  same.  And  for  recording 
and  indexing  such  names  the  clerks  of  the  superior  courts  shall  re- 
ceive as  compensation  ten  cents  for  each  copysheet,  to  be  paid  by  the 
county  commissioners. 

1901,  c.  550,  s.  4;  1903,  c.  557,  s.  2. 

4329.  Registrars  to  enter  names  on  books,  and  so  certify; 
clerk  certifies  to  genuineness;  how  copy  obtained,  it  shall  be  the 

duty  of  all  officers  charged  with  the  registration  of  voters  in  any 
election  held  in  the  state,  to  enter  the  name  of  such  person  on  the 
registration  book  and  voting  lists  of  his  township,  ward  or  precinct, 
and  to  give  a  certificate  in  the  following  form : 

I, ,  registrar  for township  ( ward  or  precinct )  of county, 

do  hereby  certify  that  on  this  day  ....  of  ....  race,  of county, 

township,   precinct   (or  ward),  age   ....   years,  took  and  subscribed  the 

oath  required  by  law,  and  has  this  day  been  registered  on  the  permanent  roll  as  a 
voter  in  said  township  (ward  or  precinct),  in  accordance  with  section  four,  arti- 
cle six  of  the  constitution  of  North  Carolina. 

This  the day  of ,  19 . .  , 

Registrar. 

And  it  shall  be  the  duty  of  the  clerk  of  the  superior  court  to  cer- 
tify under  his  hand  and  seal  to  the  genuineness  of  such  certificate 
as  follows: 

North  Carolina, County. 

I, ,  clerk  of  the  superior  court  of  the  aforesaid  county,  do  hereby  cer- 
tify that  the  foregoing  certificate  is  in  due  form,  and  that  the  signature  of  said 

,  registrar  of  said  precinct    (ward  or  township),  is  in  his  own  proper 

handwriting. 

Witness  my  hand  and  official  seal,  this  the  ....  day  of   ,  19. . 

Clerk  of  the  Superior  Court. 

And  for  furnishing  such  certificates  and  administering  such  oaths 
neither  the  said  registrar  nor  clerk  shall  be  paid  any  compensation 
by  the  person  so  applying  for  registration.  In  the  event  of  the  loss 
of  such  certificate  the  person  entitled  to  the  same,  upon  the  payment 
of  twenty-five  cents,  may  obtain  from  the  clerk  of  the  superior  court, 
or  from  the  secretary  of  state,  a  certificate  under  his  official  seal  to 

16 


4329         ELECTIONS— 77/.  Permanent  Registration.         Ch.  90 

the  effect  that  his  name  is  on  the  Permanent  Roll  of  Registered 
Voters  from  his  county,  in  his  office,  and  such  certificate  shall,  in 
all  respects,  take  the  place  of  such  original  and  be  used  as  such. 

1901,  c.  550,  s.  5. 

4330.  Copy  obtained  from  secretary's  office,  when.   In  the 

event  of  loss  or  destruction  of  such  rolls  in  the  clerk's  office,  it  shall 
be  his  duty  to  obtain  from  the  secretary  of  state  a  certified  copy  of 
said  roll  for  his  county,  and  such  certified  copy  shall  be  good  and 
effectual  for  all  purposes  as  the  original  would  have  been. 
1901,  c.  550,  s.  6. 

4331.  Copy  of,  or  certificate  from,  evidence  of  voter's  rights. 

In  all  suits  involving  the  right  to  vote,  or  trying  the  title  to  office, 
or  other  action  in  which  such  rolls  are  produced  in  evidence,  all  of 
the  facts  and  recitals  therein  shall  be  taken  as  prima  facie  evidence 
of  such  facts  and  recitals,  and  if  the  right  of  any  voter  upon  such 
rolls  to  vote  is  challenged,  either  his  certificate  or  a  certified  copy  of 
such  permanent  roll  shall  be  deemed  prima  facie  evidence  of  his 
right  to  vote. 
1901,  c.  550,  s.  7. 

4332.  Voter  moving,  how  registered.  Whenever  any  voter  so- 
registered  shall  remove  from  one  precinct  to  another  in  the  same 
county,  or  from  one  county  to  another  in  the  state,  he  shall  make 
application  for  registration,  and  upon  production  of  his  certificate 
of  his  being  on  the  permanent  roll,  as  provided  in  this  chapter,  under 
the  hand  and  seal  of  either  the  clerk  of  the  superior  court  or  of  the 
secretary  of  state,  and  proof  of  his  identity,  the  proper  officer  charged 
with  the  registration  of  voters  shall  register  tris  name  and  make 
record  of  the  same  as  in  cases  of  original  registration  under  this 
chapter. 

1901,  c.  550,  s.  8. 

4333.  Entitled  to  vote,  though  unable  to  read.  Any  person  hold- 
ing a  certificate  of  registration,  as  herein  provided,  shall  be  enti- 
titled  to  register  in  any  county  in  this  state,  notwithstanding  his  in- 
ability to  read  and  write :  Provided,  that  he  shall  be  otherwise  quali- 
fied as  an  elector. 

1001,  c.  550,  s.  S. 

4334.  Secretary  of  state  furnishes  necessary  blanks.  The  sec- 
retary of  state  shall  procure,  provide  and  furnish  to  the  several  offi- 
cers named  in  this  chapter  and  charged  with  duties  under  it,  all  such 
books,  blanks  and  other  printed  matter  as  may  be  necessary  to  carry 
into  effect  the  provisions  of  this  chapter. 

1901,  c.  550,  s.  10. 

2  17 


4335         ELECTIONS— F/I.  Permanent  Registration.         Ch.  "90 

4335.  Books  constitute  roll  in  secretary  of  state's  office.  The 

books  containing  the  permanent  roll  of  registered  voters,  sent  to  the 
office  of  the  secretary  of  state  by  clerks  of  the  courts  of  the  several 
counties,  shall  be  and  constitute  the  Permanent  Roll  of  Registered 
Voters,  required  by  this  chapter  to  be  kept  in  the  office  of  the  sec- 
retary of  state,  and  such  books  shall  be  deemed  a  full  and  complete 
compliance  with  the  requirements  of  this  chapter.  It  shall  be  the 
duty  of  the  several  clerks  of  the  court,  within  thirty  days  after,  the 
close  of  each  registration  hereafter  to  be  held,  up  to  the  first  day  of 
December,  one  thousand  nine  hundred  and  eight,  to  forward  to  the 
secretary  of  state  the  names  of  all  persons  registering  under  article 
six,  section  four,  of  the  constitution  of  Xorth  Carolina,  as  required 
by  this  chapter,  and  it  shall  be  the  duty  of  the  secretary  of  state  to 
record  such  names  in  the  Permanent  Roll  of  Registered  Voters  for 
the  several  counties. 
1903,  c.    178. 

VIII.     Judges. 

4336.  How  and  when  appointed.  The  county  board  of  elections 
for  each  county,  on  or  before  the  first  Monday  in  September,  in  the 
year  of  our  Lord  one  thousand  nine  hundred  and  six,  and  biennially 
thereafter,  or  at  such  other  times  as  it  shall  be  necessary  to  do  so, 
shall  appoint  two  persons  who  shall  act  as  judges  of  election  at  each 
place  of  holding  elections  in  their  respective  districts,  each  of  whom 
shall  be  men  of  good  moral  character  and  able  to  read  and  write. 
The  chairman  of  each  political  party  in  each  county  shall  have  the 
right  to  recommend  three  electors,  residing  in  the  precinct,  who  shall 
be  men  of  good  moral  character,  and  able  to  read  and  write,  for 
judges  of  election  in  such  precinct:  Provided,  that  no  person  hold- 
ing any  office  or  place  of  trust  or  profit  under  the  government  of  the 
United  States  or  the  state  of  I^orth  Carolina,  except  justices  of  the 
peace,  shall  be  eligible  to  appointment.     And  the  county  board  of 

^elections  shall  appoint  one  judge  of  election  out  of  each  list  so  recom- 
mended:   Provided,  said  lists  shall  be  filed  by  such  chairman  by 
twelve  o'clock,  m.,  on  said  first  Monday  in  September. 
1901,  c.  89,  s.  20. 

4337.  Names  published;  vacancies  filled;  qualify  before  acting. 

The  county  board  of  elections  shall,  immediately  after  the  appoint- 
ment of  judges  of  election  as  herein  provided,  publish  the  names 
of  such  judges  so  appointed,  at  the  courthouse  door  of  said  county ; 
and  if  any  person  appointed  judge  of  election  shall  decline  to  serve 
and  so  notify  the  chairman  of  the  county  board  of  elections,  said 
chairman  shall  Jiave  the  right  to  appoint  another  qualified  elector  of 
such  precinct,  who  shall  be  of  the  same  political  party,  if  possible, 

18 


4337  ELECTIOIS^S— FIZZ.  Judges,  Ch.  90 

to  serve  as  judge  of  election  in  his  stead,  and  his  name  shall  be 
published  at  the  courthouse  door,  and  notice  of  his  appointment 
served  upon  him  as  above  provided.  If  any  person  appointed  judge 
of  election  shall  fail  to  attend  at  the  polls  at  the  hour  of  opening 
the  same,  the  registrar  of  the  township,  ward  or  precinct  shall  ap- 
point some  suitable  elector  of  the  same  political  party  as  the  judge 
failing  to  appear,  if  practicable,  to  act  in  his  stead,  who  shall  be 
by  him  sworn  before  acting ;  and  if  the  registrar  shall  fail  to  appear, 
then  the  judges  of  election  may  appoint  another  to  act  as  registrar, 
who  shall  be  sworn  before  acting. 

1901,  c.  89,  s.  20. 

4338,  Duties  of.  The  judges  of  election  shall  attend  at  the  poll- 
ing places  for  which  they  are  severally  appointed  on  the  day  of  elec- 
tion, and  they,  together  with  the  registrar  for  such  township,  ward 
or  precinct,  who  shall  attend  with  the  registration  books^  after  being 
sworn  by  some  justice  of  the  peace,  or  other  person  authorized  to 
administer  oaths,  to  conduct  the  election  fairly  and  impartially, 
according  to  the  constitution  and  laws  of  the  state,  shall  open  the 
polls  and  superintend  the  same  until  the  close  of  the  election.  They 
shall  keep  poll  books,  in  which  shall  be  entered  the  name  of  every 
person  who  shall  vote,  and  at  the  close  of  the  election  the  said  regis- 
trar and  judges  of  election  shall  certify  the  same  over  their  proper 
signatures,  or  a  majority  of  them,  and  deposit  one  copy  thereof  with 
the  register  of  deeds  and  another  with  the  chairman  of  the  county 
board  of  elections  for  safe-keeping.  And  said  poll  books  shall,  in 
any  trial  for  illegal  or  fraudulent  voting,  be  evidence. 

1901,  c.  89,  s.  20. 

IX.     Challenges. 

4339.  Registrar  attends  for,  when.  It  shall  be  the  duty  of  the 

registrar  to  attend  the  polling  place  of  his  township  or  precinct  with 
the  registration  books  on  Saturday  preceding  the  election,  from  the 
hour  of  nine  o'clock,  a.  m.,  till  the  hour  of  three  o'clock,  p.  m.,  when 
and  where  the  said  books  shall  be  open  for  the  inspection  of  the  elec- 
tors of  the  precinct  or  township,  and  any  of  said  electors  shall  be 
allowed  to  object  to  the  name  of  any  person  appearing  on  said  books. 
In  case  of  any  such  objection,  the  registrar  shall  enter  upon  his  books, 
opposite  the  name  of  the  person  so  objected  to,  the  word  ^'^ Challenged," 
and  shall  appoint  a  time  and  place,  before  the  election  day,  when  he, 
together  with  said  judges,  shall  hear  and  decide  said  objection,  giv- 
ing personal  notice  of  such  challenge  to  the  voter  so  objected  to;  and 
if  for  any  cause  personal  notice  can  not  be  given,  then  it  shall  be  suffi- 
cient notice  to  leave  a  copy  thereof  at  his  residence :  Provided,  noth- 
ing in  this  section  shall  prohibit  any  elector  from  challenging  or 

19. 


4339  ELECTIONS— 7X   Challenges.  Ch.  90 

objecting  to  the  name  of  any  person  registered  or  offering  to  register 
at  any  time  other  than  that  above  specified.     If  any  person  so  chal- 
lenged or  objected  to  shall  be  found  not  duly  qualified,  the  registrar 
shall  erase  his  name  from  the  books. 
1901,  c.  89,  s.  19. 

4340.  How  heard.  When  any  person  is  challenged,  the  judges 
and  registrar  shall  explain  to  him  the  qualifications  of  an  elector, 
and  shall  examine  him  as  to  his  qualifications;  and  if  the  person 
insists  that  he  is  qualified  and  shall  prove  his  identity  with  the  per- 
son in  whose  name  he  offers  to  vote,  and  his  continued  residence  in 
the  precinct  since  his  name  was  placed  upon  the  registration  list,  as 
the  case  may  be,  by  the  testimony,  under  oath,  of  at  least  one  elector, 
one  of  the  judges,  or  the  registrar,  shall  tender  to  him  the  following 
oath  or  affirmation: 

You  do  solemnly  swear  (or  affirm)  that  you  are  a  citizen  of  the  United  States; 
that  you  are  twenty-one  years  old,  and  that  you  have  resided  in  this  state  for 
two  years,  and  in  this  county  for  six  months  next  preceding  this  election,  and 
that  you  are  not  disqualified  from  voting  by  the  constitution  and  laws  of  this 
state;  that  your  name  is  (here  insert  name  given),  and  that  in  such  name  you 
were  duly  registered  as  a  voter  of  this  township;  and  that  you  are  the  identical 
person  you  represent  yourself  to  be,  and  that  you  have  not  voted*  in  this  election 
.at  this  or  any  other  polling  place.     So  help  you,  God. 

And  if  he  refuses  to  take  such  oath,  when  tendered,  his  vote  shall 
be  rejected;  if,  however,  he  does  take  the  oath  when  tendered,  his 
vote  shall  be  received:  Provided,  that  after  such  oath  or  affirma- 
tion shall  have  been  taken,  the  registrar  and  judges  may,  neverthe- 
less, refuse  to  permit  such  person  to  vote,  unless  they  be  satisfied 
that  he  is  a  legal  voter;  and  they  are  hereby  authorized  to  adminis- 
ter the  necessary  oaths  or  affirmations  to  all  witnesses  brought  before 
them  to  testify  to  the  qualification  of  a  person  offering  to  vote. 
Whenever  any  person's  vote  shall  be  received,  after  having  taken 
the  oath  or  affirmation  prescribed  in  this  section,  the  registrar  or 
one  of  the  judges  shall  write  on  the  poll  books,  at  the  end  of  such 
person's  name,*  the  word  '^Sworn."  The  same  powers  as  to  the  ad- 
ministration of  oaths  and  affirmations  and  the  examination  of  wit- 
nesses, as  in  this  section  granted  to  registrars  and  judges  of  election, 
may  be  exercised  by  the  registrars  in  all  cases  where  the  names  of 
persons  registered  or  offering  to  register  are  objected  to. 

1901,  c.  89,  s.  22. 

X.     How  Conducted. 

4341.  Special  elections.  Every  election  held  in  pursuance  of  a 
writ  from  the  governor,  shall  be  conducted  in  like  manner  as  the 
regular  biennial  elections,  so  far  as  the  particular  case  can  be  gov- 
erned by  general  rules,  and  shall,  to  all  intents  and  purposes,  be  as 

20 


4341  ELECTIOISrS— Z.  How  Conducted.  Ch.  90 

legal  and  valid,  and  subject  the  officers  holding  and  the  persons 
elected  to  the  same  penalties  and  liabilities  as  if  the  same  had  been 
held  at  the  time  and  according  to  the  rules  and  regulations  prescribed 
for  the  regular  biennial  elections. 

1901,  c.  89,  s.  75. 

4342.  Polls,  how  opened  and  held.  The  polls  shall  be  open  on 
the  day  of  election  from  sunrise  until  sunset  on  the  same  day,  and 
no  longer,  and  each  elector  whose  name  shall  appear  registered  shall 
be  entitled  to  vote,  unless  he  is  successfully  challenged  for  good  cause 
on  the  day  of  election.  A  space  of  not  more  than  fifty  feet  in  every 
direction  from  the  polls  or  rooms  in  which  the  election  is  held  may 
be  kept  open  and  clear  of  all  persons  except  the  judges j  registrar 
and  election  bailiffs  herein  provided  for,  which  space  may  be  roped  off 
with  a  narrow  passage  leading  to  and  from  the  polls,  and  each  elector 
shall  approach  the  polls  from  one  direction  through  such  passage, 
and  after  his  ballot  is  deposited  in  the  ballot  box,  with  a's  little  delay 
as  possible  he  shall  depart  by  the  passage  leading  from  the  polls. 
Only  one  elector  shall  enter  the  said  passage  at  a  time,  and  after 
the  elector  has  entered,  no  one  except  the  registrar  or  judges  of  elec- 
tion shall  be  permitted  to  speak  to  him  or  make  any  signs  to  him,  nor 
shall  he  be  permitted  to  speak  or  to  make  any  signs  to  any  one  except 
the  registrar  or  judges  of  election,  until  his  ballot  has  been  deposited 
in  the  box  and  he  has  passed  out  of  the  enclosure.  The  said  roped 
space  shall,  at  all  times  during  the  hours  for  balloting,  be  kept  open 
and  clear  of  all  persons  except  the  election  officers  as  aforesaid,  and 
it  shall  be  the  duty  of  the  election  bailiffs  to  keep  such  space  so 
cleared  and  open:  Provided,  that  nothing  herein  contained  shall 
make  it  compulsory  for  the  judges  and  registrar  to  rope  off  said 
space:  Provided  further,  that  when  any  person  is  challenged,  one 
challenger  for  each  political  party  shall  be  entitled  to  enter  the 
space  roped  off  during  the  hearing  of  such  challenge,  but  they  shall 
retire  therefrom  upon  the  challenge  being  decided. 

1901,  c.  89,  s.  23. 

4343.  Voter  may  deposit  his  own  ballot.  The  ballot  may  be  de- 
posited for  the  voter  by  the  registrar,  or  one  of  the  judges  of  elec- 
tion, or  the  voter  may  deposit  it  if  he  chooses. 

1901,  c.  89,  s.  24. 

4344.  Size  of  ballots.  The  ballots  shall  be  on  white  paper  and 
may  be  printed  or  written,  or  partly  written  and  partly  printed,  and 
shall  be  without  device.  The  state  board  of  elections  may,  on  or 
before  the  first  Monday  of  September,  one  thousand  nine  hundred 
and  six,  and  biennially  thereafter,  prescribe  the  size  of  ballots  for 
state,  judicial  and  congressional  officers,  and  the  county  board  of 

21 


4344  ELECTIONS— .Y.  How  Conducted.  Ch.   90 

elections  niaj,  on  or  before  the  first  Monday  of  September,  one 
thousand  nine  hundred  and  six,  and  biennially  thereafter,  prescribe 
the  size  of  the  ballot  for  county,  legislative  and  township  offices. 

1901,  c.  89,  s.  28. 

4345-  What  ticket  to  contain.  The  state  officers,  viz. :  Governor, 
lieutenant  governor,  secretary  of  state,  auditor,  treasurer,  superin- 
tendent of  public  instruction,  attorney  general,  and  other  state  officers 
not  herein  mentioned,  the  justices  of  the  supreme  court  and  the 
judges  of  the  superior  court  shall  be  voted  for  on  one  ballot ;  members 
of  Congress  on  one  ballot;  presidential  electors  on  one  ballot;  solic- 
itors, members  of  the  general  assembly,  clerk  of  the  superior  court, 
treasurer,  register  of  deeds,  surveyor,  coroner,  sheriff,  county  com- 
missioners, tax  collector,  and  every  other  officer  elected  by  the  voters 
of  the  county,  shall  be  voted  for  on  one  ballot.  All  officers  elected 
by  the  voters  of  a  toAvnship  shall  be  voted  for  on  one  ballot. 

1901,  c.  89,  s.  28. 

4346.  Ballot  boxes;  description;  how  provided.    The  county 

board  of  elections,  or  upon  their  failure,  the  registrar  and  judges  of 
election,  shall  provide  in  each  election  precinct  in  their  respective 
counties,  ballot  boxes  for  each  class  of  officers  to  be  voted  for  in 
which  to  deposit  the  ballots  for  such  officers  respectively.  Each  of 
said  boxes  shall  have  an  opening  through  the  lid  of  sufficient  size  to 
admit  a  single  ballot,  and  no  more.  Each  box  shall  be  labeled  in 
plain  roman  letters,  designating  whether  congressional,  state,  county 
or  township  box.  The  ballot  boxes  so  furnished  by  the  said  county 
board  of  elections  may  be  kept  by  the  registrars  after  the  election  is 
over,  if  so  ordered  by  said  county  board;  otherwise  they  shall  be 
returned  to  said  board.  The  said  registrar  and  judges  of  election, 
before  the  voting  begins,  shall  carefully  examine  the  ballot  boxes 
and  see  that  there  is  nothing  in  them,  and  thereupon  they  shall  close 
and  securely  fasten  the  same,  and  no  ballot  box  shall  be  opened  until 
the  time  for  voting  is  at  an  end. 

1901,  c.  89,  s.  29. 

4347.  How  votes  counted.  When  the  election  shall  be  finished, 
the  registrar  and  judges  of  election,  in  the  presence  of  such  of  the 
electors  as  may  choose  to  attend,  shall  open  the  boxes  and  count 
the  ballots,  reading  aloud  the  names  of  the  persons  who  shall  appear 
upon  each  ticket ;  and  if  there  shall  be  two  or  more  tickets  rolled  up 
together,  or  any  ticket  shall  contain  the  names  of  more  persons  than 
such  elector  has  a  right  to  vote  for,  or  shall  have  a  device  upon  it;  in 
either  of  these  cases  such  tickets  shall  not  be  numbered  in  taking 
the  ballots,  but  shall  be  void ;  and  the  said  counting  of  votes  shall  be 

22 


4347  ELECTIONS— X.  How  Conducted.  Ch.  90 

continued  without  adjournment  until  completed  and  the  result 
thereof  declared.  Any  ballot  found  in  the  wrong  box  shall  not  be 
counted,  unless  the  registrar  and  judges  of  election  shall  be  satisfied 
that  the  same  was  placed  there  by  mistake. 

1901,  c.  89,  s.  30. 

XI.     County  Boaed  of  Canvassers. 

4348.  How  members  appointed.  The  registrar  and  judges  of 
election  in  each  township,  w^ard  or  precinct  shall  appoint  one  of  their 
number  to  attend  the  meeting  of  the  board  of  county  canvassers  as  a 
member  thereof,  and  they  shall  deliver  to  the  miember  who  shall  have 
been  so  appointed  the  original  return  or  statement  of  the  result  of 
the  election  in  such  township,  ward  Or  precinct,  and  the  members 
of  the  several  township,  ward  or  precinct  boards  of  election,  who 
shall  have  been  so  appointed,  shall  constitute  the  board  of  county 
canvassers  for  such  county,  and  a  majority  shall  constitute  a  quorum. 

1901,  c.  89,  s.  31. 

4349.  When  to  meet;  elect  chairman;  how  sworn.  The  board 

of  county  canvassers  shall  meet  on  the  second  day  next  after  every 
election,  at  eleven  o'clock  a.  m.  of  that  day  at  the  courthouse  of  the 
county,  and  at  that  hour,  without  delay,  the  members  of  such  board 
who  shall  then  be  present  shall  choose  one  of  their  number  who  shall 
be  chairman,  and  shall  choose  one  of  their  members  as  clerk  of  said 
board:  Provided,  the  board  of  county  canvassers  of  Carteret  and 
Hyde  shall  meet  on  the  seventh  day  after  the  election.  As  soon 
as  such  chairman  shall  be  appointed  he  shall^  administer  to  each 
of  the  other  members,  and  each  of  the  other  members  shall 
take  an  oath  or  afiirmation  in  the  following  form:  "You  do  swear 
(or  affirm)  that  you  will  faithfully  and  impartially  execute  the 
duties  of  the  board  of  canvassers  according  to  law.''  And  there- 
upon one  of  the  members  of  such  board,  appointed  for  that  purpose, 
shall  administer  to  such  chairman,  and  such  chairman  shall  take 
an  oath  or  affirmation  in  the  same  form  as  that  taken  by  the  other 
members  of  the  board.  And  before  proceeding  to  canvass  and  esti- 
mate the  votes  in  such  county,  the  chairman  of  the  board  shall  admin- 
ister to  the  clerk  thereof  an  oath  or  affirmation  in  the  following  form : 
"You  do  swear  (or  affirm)  that  you  will  faithfully  execute  the 
duties  of  clerk  of  this  board  according  to  law." 

1901,  c.  89,  s.  32;  1905,  c.  222. 

4350.  Canvass  returns;  determine  result.  The  board  of  county 

canvassers  at  their  said  meeting,  in  the  presence  of  such  electors 
as  choose  to  attend,  shall  open  and  canvass  and  judicially  determine 

23 


4350      ELECTIOiS^S— X/.   County  Board  of  Canvassers.      Ch.   90 

the  returns,  stating  the  number  of  legal  ballots  cast  in  each  precinct 
for  each  officer,  the  name  of  each  person  voted  for,  and  the  number 
of  votes  given  to  each  person  for  each  different  office,  and  shall 
sign  the  same.  The  said  board  shall  have  power  and  authority  to 
judicially  pass  upon  all  facts  relative  to  the  election,  and  judicially 
determine  and  declare  the  result  of  the  same.  And  they  shall  also 
have  power  and  authority  to  send  for  papers  and  persons  and  exam- 
ine the  same. 
1901,  c.  89,  s.  33. 

4351.  What  returns  placed  on  same  abstract.   The  abstract 

of  votes  for  each  of  the  following  classes  of  officers  shall  be  made  on 
•a  different  sheet: 

1.  Governor  and  all  state  officers;  justices  of  the  supreme  court 
and  judges  of  the  superior  court. 

2.  Senators  and  representatives  of  the  general  assembly. 

3.  Solicitor. 

4.  County  officers. 

5.  Tovniship  officers. 

6.  Representative  in  the  Congress. 
1901,  c.  89,  s.  34.  • 

4352.  Abstract  of  votes  for  offices,  except  county  and  town- 
ship, where  sent.  Two  abstracts  of  all  votes  cast  for  state  officers, 
representative  in  Congress,  for  justices  of  the  supreme  court,  for 
judges  of  the  superior  court,  and  for  solicitor,  shall  be  made  and 
signed  by  the  chairman  of  the  board  of  county  canvassers,  one  of 
which  shall  be  delivered  to  the  chairman  of  the  county  board  of 
elections,  one  filed  with- the  register  of  deeds,  to  be  registered  in  his 
office,  also  two  separate  abstracts  of  all  votes  cast  for  state  senators, 
when  the  senatorial  districts  consist  of  more  than  one  county,  one  of 
which  shall  be  filed  with  the  register  of  deeds  to  be  registered  in  his 
office,  and  the  other  furnished  to  the  county  board  of  elections  or 
other  returning  officer. 

1901,  c.  89,  s.  35. 

4353.  Abstracts  of  county  and  township  office's,  where  filed. 

Two  abstracts  of  the  votes  cast  for  county  and  township  officers  and 
for  members  of  the  general  assembly  shall  be  made  and  signed  by 
the  chairman  of  the  board  of  county  canvassers,  one  of  which  shall 
be  delivered  to  the  chairman  of  the  county  board  of  elections,  and  one 
filed  with  the  register  of  deeds  to  be  registered  in  his  office. 
1901,  c.  89,  s.  36. 

4354.  Original  returns,  where  filed.  When  the  canvass  is  con- 
cluded the  board  shall  deliver  the  original  returns  to  the  clerk  of 

24 


4354     ELECTIOl^S— XL   County  Board  of  Canvassers.     Ch.  90 

the  superior  court  to  be  filed  in  his  office.  The  register  of  deeds 
shall  also  deliver  by  mail  to  the  secretary  of  state  and  to  the  chair- 
man of  the  state  board  of  elections,  each,  one  duplicate  of  the  ab- 
stract of  the  votes  cast  for  governor,  and  all  state  officers,  for  justices 
of  the  supreme  court,  judges  of  the  superior  court,  and  solicitor  and 
representative  in  Congress. 
1901,  c.  89,  s.  37. 

4355.  Who  declared  elected.  The  person  having  the  greatest 
number  of  legal  votes  for  any  office  is  to  be  declared  elected.  But 
if  two  or  more  county  candidates,  having  the  greatest  number  of 
votes,  shall  have  an  equal  number,  the  county  board  of  elections  shall 
determine  which  shall  be  elected. 

1901,  c.  89,  s.  38. 

'  4356.  To  declare  result  of  election.  When  the  board  of  county 
canvassers  shall  have  thus  completed  the  comparison  of  the  polls,  they 
shall  judicially  determine  the  result  of  the  election  in  their  county 
for  all  persons  voted  for,  and  proclaim  the  same  at  the  courthouse 
door,  with  the  number  of  votes  cast  for  each. 
1901,  c.  89,  s.  39. 

XII.     State  Board  of  Canvassers. 

4357.  Who  constitutes.  The  governor  and  four  members  of  the 
state  board  of  elections,  to  be  named  and  selected  by  said  board, 
shall  constitute  the  board  of  state  canvassers,  but  no  member  thereof 
shall  take  part  in  canvassing  the  votes  for  any  office  for  which  he 
himself  is  a  candidate.  ~^ 

1901,  c.  89,  s.  63. 

4358.  Duty  of.  The  board  of  state  canvassers  shall  open  the  ab- 
stracts transmitted  to  the  secretary  of  state  on  the  Thursday  follow- 
ing the  third  Monday  after  each  election  held  under  the  provisions 
of  this  chapter,  and  examine  the  returns,  if  they  shall  have  been  re- 
ceived from  all  of  the  counties,  and,  if  not  all  received,  they  may  ad- 
journ not  exceeding  twenty  days  for  the  purpose  of  obtaining  the  re- 
turns from  all  of  the  counties,  and  when  these  are  received,  shall  pro- 
ceed with  the  canvass,  which  canvass  shall  be  conducted  publicly  in 
the  hall  of  the  house  of  representatives.  They  shall  make  an  abstract, 
stating  the  number  of  legal  ballots  cast  for  each  candidate,  the  names 
of  all  persons  voted  for,  for  what  office  they  respectively  received 
the  votes,  and  the  number  of  votes  each  received,  and  stating  whom 
they  ascertain  and  judicially  determine  by  the  count  to  be  elected 

.  to  the  office,  which  abstract  shall  be  signed  by  the  board  of  can- 
vassers in  their  official  capacity  as  state  canvassers,  and  have  the  seal 

25 


4358      ELECTIOJSTS— Z/7.  Sfate  Board  of  Canvassers.      Ch.  90 

of  the  state  affixed  thereto :  Provided,  that  in  all  cases  of  special  elec- 
tions ordered  by  the  governor  to  fill  vacancies  in  the  representation 
of  the  state  in  the  Congress,  the  board  of  state  canvassers  may  meet  as 
soon  as  the  secretary  of  state  may  notify  the  members  of  the  board 
that  the  returns  from  all  the  counties  entitled  to  vote  in  said  special 
elections  have  been  received  by  him;  and  it  shall  be  the  duty  of  the 
secretary  of  state  to  fix  the  days  of  meeting,  which  shall  not  be  later 
than  ten  days  after  such  elections,  and  it  shall  be  the  duty  of  all 
returning  officers  to  make  their  returns  promptly,  so'  that  the  same 
may  be  received  within  the  ten  days. 
1901,  c.  89,  s.  65. 

4359.  Abstracts  not  received,  duty  of.  If  the  abstracts  or  re- 
turns from  any  county  shall  not  be  received  at  the  office  of  the  sec- 
retary of  state,  or  by  the  state  board  of  elections,  by  the  third  Mon- 
day after  the  day  of  election,  the  secretary  of  state  is  authorized  to 
obtain  from  the  register  of  deeds,  or  the  county  board  of  elections, 
at  the  expense  of  such  county,  the  original  abstracts  or  returns,  or 
if  they  have  been  forwarded,  copies  of  them. 

1901,  c.  89,  s.  64. 

4360.  Estimate  votes  cast  for  officers  executive  department. 

The  board  of  state  canvassers  shall  estimate  the  votes  cast  for  officers 
of  the  executive  department  from  the  abstracts  forwarded  to  the 
secretary  of  state,  and  shall  publish  a  statement  of  the  result  of  such 
calculation,  but  this  statement  shall  be  for  information  of  the  pub- 
lic only,  and  shall  not  have  the  effect  to  determine  what  candidates 
have  been  elected  to  such  offices.  Their  election  shall  be  ascertained 
and  declared  according  to  section  three,  article  three,  of  the  consti- 
tution. 

1901,  c.  89,  s.  68. 

4361.  To  declare  result;  certificate  of  election,  how  issued. 

After  the  state  board  of  canvassers  shall  have  ascertained  and  declared 
the  result  of  the  elections  as  hereinbefore  provided,  they  shall  cause 
the  result  to  be  certified  to  the  secretary  of  state,  who  shall  prepare 
a  certificate  for  each  person  elected,  and  shall  sign  the  same,  which 
certificate  he  shall  deliver  to  the  person  elected,  when  he  shall  de- 
mand the  same. 
1901,  c.  89,  s.  67. 

4362.  Secretary  of  state  to  record  abstracts.   The  secretary 

of  state  shall  record  the  abstract  or  abstracts  in  a  book  to  be  kept  by 
him  for  recording  the  result  of  elections  and  to  be  called  The  Elec- 
tion Book,  and  shall  also  file  the  abstract  or  abstracts. 
1901,  c.  89,  s.  66. 

26 


4363  ELECTIOIsrS— AT//.  State  Officers.  Ch.  90 

XIII.     State  Officers.   - 

4363.  How  returns  published  and  result  declared;  how  tie  bro- 
ken. The  speaker  of  the  house  of  representatives,  in  the  presence  of 
a  majority  of  the  members  of  both  houses  of  the  general  assembly, 
shall  open  and  publish  the  returns  for  governor,  lieutenant  governor, 
secretary  of  state,  auditor,  treasurer,  superintendent  of  public  in- 
struction and  attorney  general,  or  other  state  officers,  at  tv^elve 
o'clock,  noon,  on  the  first  Tuesday  after  the  organization  of  both 
houses  of  the  general  assembly.  And  if  for  any  cause  there  be  no 
returns  from  any  county  of  the  state,  or  if  any  return  be  defective, 
a  proper  return  shall  be  had  in  such  manner  as  the  two  houses  in 
joint  session  may  direct;  and  in  either  case  the  publication  of  the 
result  may  be  postponed  to  such  time  as  the  joint  session  of  the  two 
houses  may  deem  best.  The  person  having  the  highest  number  of 
votes  for  each  office,  respectively,  shall  be  declared ,  duly  elected 
thereto;  but  if  two  or  more  be  equal  and  highest  in  votes  for  the 
same  office,  then  one  of  them  shall  be  chosen  by  joint  ballot  of  both 
houses  of  the  general  assembly.  Contested  elections  shall  be  deter- 
mined by  a  joint  vote  of  both  houses  of  the  general  assembly  in  the 
same  manner  and  under  the  same  rules  and  regulations  as  prescribed 
in  cases  of  contested  election  of  members  of  the  general  assembly. 

1901,  c.  89,  s.  44. 

4364.  Abstract  of  votes  for,  how  made.  An  abstract  of  the  re- 
turns for  state  officers  shall  be  made  by  the  clerks  of  the  two  houses 
of  the  general  assembly,  showing  the  number  of  ballots  cast  for  each 
candidate,  the  names  of  all  persons  voted  for,  the  offices  for  which 
they  received  such  votes,  and  the  number  of  votes  cast  for  each  per- 
son, and  the  persons  ascertained  by  the  canvass  to  be  elected  to  the 
several  offices,  and  said  abstract  shall  be  signed  by  the  presiding  offi- 
cers of  the  two  houses  and  delivered  to  the  secretary  of  state,  who 
shall  record  it  in  the  election  book  kept  in  his  office  and  then  file  it. 
Said  abstract  shall  also  be  printed  in  the  journals  of  the  two  houses*, 
and  in  the  legislative  documents. 

1901,  c.  89,  8.  45. 

XIV.       CONGKESSMEIT.      * 

4365.  Members  of  the  senate.  The  election  for  members  of 
the  United  States  senate  shall  be  held  and  conducted  according  to 
the  provisions  of  the  act  of  Congress  of  the  twenty-fifth  of  July, 
one  thousand  eight  hundred  and  sixty-six,  fourteenth  statute  at  large, 
chapter  two  hundred  and  forty-five,  page  two  hundred  and  forty- 
three. 

1901,  c.  89,  s.  56. 

27 


4366  ELECTIOTsTS— X/7.   Congressmen.  Ch.  90 

4366.  Congressional  districts.  For  the  purpose  of  selecting  rep- 
resentatives to  the  Congress  of  the  United  States,  the  state  of  North 
Carolina  shall  be  divided  into  ten  districts,  as  follows : 

First  District — Beaufort,  Camden,  Chowan,  Currituck,  Dare, 
Gates,  Hertford,. Hyde,  Martin,  Pasquotank,  Perquimans,  Pitt,  Tyr- 
rell and  Washington. 

Second  District — Bertie,  Edgecombe,  Greene,  Halifax,  Lenoir, 
Northampton,  Warren  and  Wilson. 

Third  District — Carteret,  Craven,  Duplin,  Jones,  Onslow,  Pam- 
lico, Pender,  Sampson  and  Wayne. 

Fourth  District — Chatham,  Franklin,  Johnston,  Nash,  Vance  and 
Wake. 

Fifth  District — Alamance,  Caswell,  Durham,  Forsyth,  Granville, 
Guilford,  Orange,  Person,  Rockingham  and  Stokes. 

Sixth  District — Bladen,  Brunswick,  Columbus,  Cumberland, 
Harnett,  New  Hanover  and  Robeson. 

Seventh  District — ^Anson,  Davidson,  Davie,  Montgomery,  Moore, 
Randolph,  Richmond,  Scotland,  Union  and  Yadkin. 

Eighth  District — Alexander,  Alleghany,  Ashe,  Cabarrus,  Cald- 
well, Iredell,  Rowan,  Stanly,  Surry,  Watauga  and  Wilkes. 

Ninth  District — Burke,  Catawba,  Cleveland,  Gaston,  Lincoln, 
Madison,  Mecklenburg,  Mitchell  and  Yancey.. 

Tenth  District — Buncombe,  Cherokee,  Clay,  Graham,  Haywood, 
Henderson,  Jackson,  McDowell,  Macon,  Polk,  Rutherford,  Swain 
and  Transylvania. 

1901,  c.  89,  s.  57;   1901,  c.  441. 

4367.  When  held,  for  representative.  The  election  for  members 

of  Congress  shall  be  held  on  the  Tuesday  next  after  the  first  Monday 
in  November,  one  thousand  nine  hundred  and  six,  and  biennially 
thereafter,  unless  Congress  shall  prescribe  a  different  time  for  the 
holding  of  such  elections,  and  shall  be  conducted  by  the  officers  pro- 
vided for  holding  elections  of  members  of  the  general  assembly  in 
this  chapter  and  at  the  same  place. 

1901,  c.  89,  s.  59. 

Note.     See  also,  s.  4296. 

4368.  New  apportionment  of  representatives;  how  elected. 

Whenever,  by  a  new  apportionment  of  representatives  among  the 
several  states,  the  number  of  representatives  in  the  Congress  of  the 
United  States  from  North  Carolina  shall  be  either  increased  or  de- 
creased, and  neither  the  Congress  nor  the  general  assembly  shall 
provide  for  the  election  of  the  same,  then  if  the  said  representatives 
shall  be  increased,  the  increased  number  shall  be  elected  by  the 
qualified  voters  of  the  whole  state,  and  shall  be  voted  for  on  one 

28 


4368  ELECTIOIsrS— Z/y.   Congressmen.  Ch.   90 

ballot,  and  the  representatives  from  the  several  congressional  dis- 
tricts shall  be  elected  by  the  voters  of  said  districts,  respectively, 
and  shall  each  be  voted  for  on  another  ballot;  but  if  the  number  of 
said  representatives  shall  be  decreased  as  aforesaid,  in  that  event 
all  the  representatives  in  Congress  shall  be  elected  by  the  qualified 
voters  of  the  whole  state  and  shall  be  voted  for  on  one  ballot. 

1901,  c.  89,  s.  58. 

4369.  Special  election  for.  If  at  any  time  after  the  expiration 
of  any  Congress  and  before  another  election,  or  if  at  any  time  after 
an  election,  there  shall  be  a  vacancy  in  the  representation  in  Con- 
gress, the  governor  shall  issue  a  writ  of  election,  and  by  proclamation 
shall  require  the  voters  to  meet  in  the  different  townships  in  their 
respective  counties  at  such  times  as  may  be  appointed  therein,  and 
at  the  places  established  by  law,  then  and  there  to  vote  for  a  repre- 
sentative in  Congress  to  fill  the  vacancy;  and  the  election  shall  be 
conducted  in  like  manner  as  regular  elections. 

1901,  c.  89,  s.  60. 

4370.  To  obtain  a  certificate.  Every  person  duly  elected  a  rep- 
resentative to  Congress,  upon  obtaining  a  certificate  of  his  election 
from  the  secretary  of  state,  shall  procure  from  the  governor  a  com- 
mission, certifying  his  appointment  as  a  representative  of  the  state, 
which  the  governor  shall  issue  on  such  certificate  being  produced. 

1901,  c.  89,  s.  61. 

XV.     Presidential  Electors. 

4371.  How  conducted.  The  election  shall  be  conducted  and  the 
returns  made  as  nearly  as  may  be  directed  in  relation  to  the  elec- 
tion of  state  officers,  except  as  herein  otherwise  expressed. 

1901,  c.  89,  s.  79. 

4372.  Names  on  one  ballot.  The  names  of  the  electors  to  be 
chosen  shall  be  written  or  printed  on  each  ballot,  and  each  ballot 
shall  contain  the  name  of  at  least  one  inhabitant  of  each  congres- 
sional district  into  which  the  state  may  be  divided  and  against  the 
name  of  each  person  shall  be  designated  the  number  of  the  congres- 
sional district  to  which  he  belongs. 

1901,  c.  89,  s.  78. 

4373.  How  returns  made.  The  county  board  of  canvassers  shall 
meet  in  the  courthouse  of  their  respective  counties  as  hereinbefore 
provided,  and  shall  ascertain  and  determine,  by  faithful  addition, 
the  number  of  legal  votes  for  every  person  who  shall  have  been  voted 

29 


4373  ELECTIOXS— XF.  Presidential  Electors.  Cli.   90 

for  as  an  elector  within  the  county,  and  shall  certify  the  same  under 
their  hands  substantially  in  the  manner  and  form  following,  to-wit: 

We,  the  county  canvassers  for county,  do  hereby  certify  that  an  elec- 
tion was  held  on  the  day  and  at  the  places  fixed  by  law  within  said  county,  for 
electors  of  president  and  vice-president  of  the  United  States,  and  that  the  num- 
ber of  votes  hereinafter  specified  opposite  the  names  of  the  several  persons  fol- 
lowing was  given  for  such  persons  as  electors  for  the  state  of  North  Carolina,  of 
president  and  A^ce-president  of  the  United  States,  namely:  D,  G.  F.  (here  state 
the  number  of  votes  for  D.  G.  F. )  ;  for  J,  M.  L.  (here  state  the  number  of  votes 
for  J.  M.  L.,  and  so  on,  until  the  list  of  persons  voted  for  and  the  number  of  votes 
shall  be  completed). 

Given  under  our  hands,  this  ....  day  of  ....,.,  in  the  year  A.  D 

Three  fair  copies"  of  such  certificate  and  return  shall  be  made  by 
the  board  of  canvassers  under  their  hands,  and  one  of  the  same  shall 
be  immediately  delivered  to  the  chairman  of  the  county  board  of 
elections  of  the  county,  whose  duty  it  shall  be  to  attend  at  the 
meeting  of  said  canvassers,  and  who  shall  forthwith  make  jiroclama- 
tion  and  read  the  same  through  at  the  courthouse  door ;  and  the  said 
chairman  of  the  county  board  of  elections  shall  immediately  there- 
after seal  up  said  copy  in  an  envelope,  and  transmit  the  same  by 
mail  in  a  registered  letter  or  otherwise,  to  the  secretary  of  state  at 
the  capitol  in  Raleigh  so  that  he  shall  receive  the  same  within  twelve 
days  after  the  day  of  election;  and  one  of  said  copies,  together  with 
the  original  precinct  returns,  shall  be  delivered  to  the  clerk  of  the 
superior  court,  who  shall  record  the  said  copy  in  The  Election 
Book,  and  file  the  originals  of  said  copy  in  his  office.  And  one 
copy  shall  be  delivered  to  the  register  of  deeds,  to  be  registered  in 
his  office.  The  clerk  of  the  superior  court  shall  immediately,  after 
the  same  shall  have  been  delivered  to  him,  send  a  copy  of  the  certifi- 
cate of  the  board  of  county  canvassers,  sealed  with  the  seal  of  his 
office,  to  the  secretary  of  state  at  Baleigh,  so  that  he  may  receive 
the  same  within  twelve  days  after  said  election.  And  in  case  of 
failing  to  make  such  returns  within  the  time  herein  prescribed,  such 
chairman  of  the  county  board  of  elections,  clerk  or  'other  officer, 
whose  duty  it  shall  be  so  to  do,  shall  forfeit  and  pay  to  the  state  the 
sum  of  ^YQ  hundred  dollars,  to  be  recovered  by  the  attorney  general, 
in  the  superior  court  for  the  county  of  Wake. 

1901,  c.  89,  s.  80. 

4374.  How  result  declared,  and  proclamation  made.  The  sec- 
retary of  state,  within  three  days  after  the  expiration  of  the  time 
hereinbefore  provided  for  the  delivery  to  him  of  said  certificate  and 
returns,  shall  deliver  the  same  to  the  state  board  of  canvassers,  whose 
duty  it  shall  be  to  then  attend,  in  the  presence  of  such  other  persons 
as  may  choose  to  be  present,  in  the  hall  of  the  house  of  representa- 
tives in  the  capitol,  open  the  certificate  and  proceed  to  canvass  the 

30 


4374  ELECTIOIsTS— Z7.  Presidential  Electors.  Ch.   90 

same,  and  ascertain  and  determine  the  result:  Provided,  that  if  the 
returns  from  any  county  shall  not,  by  that  time,  have  been  received 
by  the  secretary  of  state  from  the  chairman  of  the  county  board  of 
elections,  or  clerk  of  the  superior  court,  or  register  of  deeds,  then 
the  board  of  state  canvassers  shall  order  and  compel  a  duplicate 
return  from  the  clerk  of  the  superior  court  and  the  chairman  of 
the  county  board  of  elections,  or  register  of  deeds,  or  both,  in  such 
manner  as  they  may  think  best;  and  for  that  purpose  they  may 
adjourn  from  day  to  day,  not  to  exceed  ten  days.  The  board  of 
state  canvassers  in  canvassing  said  returns  shall  merely  add  up 
the  returns,  as  certified  by  the  county  board  of  canvassers,  but  it 
shall  be  their  duty  to  disregard  any  such  apparent  clerical  error  or 
any  such  technical  informality  as  may  not  render  it  reasonably  un- 
certain who  was  the  person  intended  to  be  designated  as  voted  for, 
and  what  was  the  number  of  votes  actually  received  by  any  candi- 
date. At  the  conclusion  of  the  canvass,  the  board  shall  make  an 
abstract  of  all  votes  cast,  and  shall  deliver  the  same  to  the  secretary 
of  state,  together  with  the  original  returns  from  the  several  counties, 
to  be  filed  in  his  office.  The  secretary  of  state  shall  copy  the  said 
abstracts  in  The  Election  Book,  directed  in  this  chapter  to  be  kept 
in  his  office,  and  shall,  under  his  hand  and  seal  of  his  office,  cer- 
tify to  the  governor  the  names  of  as  many  persons  receiving  the 
highest  number  of  votes  for  electors  of  president  and  vice-president 
of  the  United  States  as  the  state  may  be  entitled  to  in  the  electoral 
college.  The  governor  shall  thereupon  immediately  issue  his  procla- 
mation and  cause  the  same  to  be  published  in  such  daily  newspapers 
as  may  be  published  in  the  city  of  Raleigh,  wherein  he  shall  set 
forth  the  names  of  the  persons  duly  elected  as  electors,  and  warn  each 
of  them  to  attend  at  the  capitol  in  the  city  of  Raleigh  at  noon  on 
the  second  Monday  of  January  next  after  his  election,  at  which 
time  the  said  electors  shall  meet,  and  in  case  of  the  absence  or  ineli- 
gibility of  any  elector  chosen,  or  if  the  proper  number  of  electors 
shall  for  any  cause  be  deficient,  those  present  shall  forthwith  elect 
from  the  citizens  of  the  state  so  many  persons  as  will  supply  the 
deficiency,  and  the  persons  so  chosen  shall  be  electors  to  vote  for 
the  president  and  vice-president  of  the  United  States.  And  the 
governor  shall,  on  or  before  the  second  Monday  of  January,  make 
out  three  lists  of  the  names  of  the  said  persons  so  elected  and  ap- 
pointed electors,  and  cause  the  same  to  be  delivered  to  them,  as  di- 
rected by  the  act  of  Congress. 
1901,  c.  89,  s.  81. 

4375.   Failing  to  attend  and  vote  for  president.  Each  elector, 

with  his  own   consent  previously  signified,   failing  to   attend   and 
vote  for  a  president  and  vice-president  of  the  United  States,  at  the 

31 


4375  ELECTIONS— X7.  Presidential  Electors.  Ch.  90 

time  and  place  herein  directed  (except  in  case  of  sickness  or  other 
unavoidable  accident),  shall  forfeit  and  pay  to  the  state  five  hundred 
dollars,  to  be  recovered  by  the  attorney  general  in  the  superior  court 
of  Wake  county. 
1901,  c.  89,  s.  83. 

XVI.     Miscellaneous. 

4376.  Power  to  maintain  order.  The  registrar  and  judges  of 
election,  in  each  Avard  or  precinct,  the  board  of  county  canvassers 
of  each  county,  and  the  board  of  state  canvassers  shall  respectively 
possess  full  power  and  authority  to  maintain  order,  and  to  enforce 
obedience  to  their  lawful  commands  during  their  sessions,  respect- 
ively, and  shall  be  constituted  inferior  courts  for  that  purpose,  and 
if  any  person  shall  refuse  to  obey  the  lawful  commands  of  any  such 
registrar  or  judges  of  election,  or  board  of  county  canvassers,  or 
board  of  state  canvassers,  or  by  disorderly  conduct  in  their  hearing 
or  presence  shall  interrupt  or  disturb  their  proceedings,  they  may, 
by  an  order  in  writing,  signed  by  their  chairman,  and  attested  by 
their  clerk,  commit  the  person  so  offending  to  the  common  jail  of 
the  county  for  a  period  not  exceeding  thirty  days,  and  such  order 
shall  be  executed  by  any  sheriff  or  constable  to  whom  the  same  shall 
be  delivered,  or  if  a  sheriff  or  constable  shall  not  be  present,  or 
shall  refuse  to  act,  by  any  other  person  who  shall  be  deputed  by 
such  township  or  precinct  board  of  elections,  or  board  of  county 
canvassers  in  writing,  and  the  keeper  of  such  jail  shall  receive  the 
person  so  committed  and  safely  keep  him  for  such  time  as  shall  be 
mentioned  in  the  commitment. 

1901,  c.  89,  s.  72. 

4377.  Judges,  solicitors,  commissioned  by  governor;  when  term 

begins.  Justices  of  the  supreme  court,  judges  of  the  superior  court, 
and  solicitors  shall  be  commissioned  by  the  governor,  and  their  terms 
of  office  shall  begin  on  the  first  day  of  January  next  succeeding  their 
election.  An  election  for  officers,  whose  terms  shall  be  about  to 
expire,  shall  always  be  held  at  the  general  election  next  preceding 
the  expiration  of  their  terms  of 'office. 

1901,  c.  89,  s.  69. 

4378.  Sheriff  to  give  receipt  for  poll  tax.  Every  sheriff  or  tax 

collector,  upon  payment  of  the  poll  tax,  shall  issue  to  the  person  pay- 
ing the  same  a  certificate  showing  the  amount  of  such  poll  tax  and 
the  true  date  upon  which  the  same  was  paid. 
1901,  c.  89,  s.  13. 

4379.  When  entitled  to  duplicate.  Any  person  having  paid  his 
poll  tax  as  required  by  law,  and  having  lost  his  tax  receipt,  shall,  upon 

32 


4379  ELECTI0:N^S— X7/.  Miscellaneous.  Ch.  90 

making  affidavit  of  such  loss  and  satisfactory  proof  of  his  identit;^^^ 
be  entitled  to  a  duplicate  thereof  from  the  sheriff  or  tax  collector. 

1901,  c.  89,  s.  13. 

4380.  Sheriff  to  certify  list  of  taxpayers  to  clerk,  who  certifies 

to  board  of  elections,  it  shall  be  the  duty  of  every  sheriff  and  tax 
collector,  between  the  first  and  tenth  days  of  May  of  each  year  in 
which  a  general  election  occurs,  to  certify  under  oath  a  true  and  cor- 
rect list  of  all  persons  who  have  paid  their  poll  tax  for  the  previous 
year  on  or  before  the  first  day  of  May,  to  the  clerk  of  the  superior 
court,  who  shall,  within  ten  days,  record  the  same  in  a  book  to  be 
provided  for  that  purpose,  keeping  each  township  separate,  and 
certify  a  true  copy  thereof  to  the  chairman  of  the  board  of  elections 
for  such  county. 
1901,  c.  89,  s.  13. 

4381.  Bailiffs  may  be  appointed.  The  registrar  aiid  judges  of 
election  may  appoint  one  or  more  bailiffs  for  each  precinct  or  ward 
to  be  present  during  the  election  to  keep  peace  and  protect  the  voting 
place,  and  to  prevent  improper  intrusion  upon  the  voting  place,  or 
interfering  with  the  election,  and  to  arrest  all  persons  creating  any 
disturbance  about  the  voting  place,  and  to  enable  all  persons  who 
have  not  voted  and  who  desire  to  vote,  to  have  unobstructed  access 
to  the  polls  for  the  purpose  of  voting  when  others  are  not  voting, 
and  to  keep  clear  the  open  space  hereinbefore  provided  at  all  times 
during  the  election.  It  shall  be  the  duty  of  the  election  bailiffs  to 
be  present  at  the  voting  place,  and  to  take  such  steps  as  will  accom- 
plish the  object  of  their  appointment  and  they  shall  have  full  power 
to  do  so;  and  they  may  summon  to  their  aid  all^persons  present  at 
the  voting  place,  and  may  arrest  offenders  against  this  section,  who 
shall  have  the  privilege  of  giving  bail.  And  for  the  purposes  of 
carrying  out  the  powers  herein  conferred  upon  them,  the  registrar 
and  judges  of  election  shall  be  and  are  hereby  constituted  conserva- 
tors of  the  peace.  Every  person  offending  against  this  section  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  or 
imprisoned  at  the  discretion  of  the  court. 

1901,  c.  89,  s.  26. 

4382.  Penalty  for  refusing  copy  of  poll  books.  Any  officer  who 

shall  refuse  to  permit  any  candidate,  or  person  qualified  to  vote,  at 
his  own  expense,  to  have  a  copy  of  the  poll  books,  shall  forfeit  and 
pay  two  hundred  dollars,  one-half  to  the  person  who  shall  sue  for  the 
same,  and  the  other  half  to  the  use  of  the  state.  Such  copy  need 
not  be  given  if  the  making  interferes  wath  the  duty  of  the  holder  of 
the  books. 

1901,  c.  89,  s.  83. 

.3  33 


4383  ELECTIOISrS— ZFI.  Miscellaneous.  Ch.  90 

4383.   Forms  for  returns  sent  to  proper  officers  by  secretary 

of  state.  The  secretary  of  state  shall  cause  proper  forms  of  returns 
to  be  prepared  and  printed,  and  send  copies  thereof,  with  plain  di- 
rections as  to  the  manner  of  endorsing,  directing  and  transmitting 
the  same  to  the  seat  of  government,  to  all  of  the  returning  officers 
of  the  state,  at  least  thirty  days  before  the  time  for  holding  any 
election.  He  shall  also  furnish  to  the  register  of  deeds  of  each 
county  all  such  printed  blanks  as  may  be  necessary  for  making  the 
county  returns. 
1901,  fe.  89,  s.  43. 


Note.     For  crimes  in  elections,  see  Crimes,  Volume  I. 


[Revisal  of  1905,  Chapter  81,  "Crimes."] 

X.    ELECTIONS. 

3384.  Betting  on.  If  any  person  shall  bet  or  wager  any  money 
or  other  thing  of  value  upon  any  election  held  in  this  state  he  shall 
be  guilty  of  a  misdemeanor. 

1901,  c.  89,  s.  55. 

3385.  Breaking  up;  disturbing  officers.  If  any  person  by  force 

and  violence  shall  break  up  or  stay  any  election,  by  assaulting  the 
officers  thereof,  or  depriving  them  of  the  ballot-boxes,  or  by  any 
other  means,  he  and  his  aiders  and  abettors  shall  be  guilty  of  a  mis- 
demeanor and  imprisoned  not  more  than  three  months,  and  shall  pay 
such  fine  as  the  court  shall  adjudge,  not  exceeding  one  hundred  dol- 
lars. If  any  person  shall  interrupt  or  disturb  the  registrar  while 
actually  engaged  in  the  registration  of  voters,  or  the  registrar  or 
judges  of  election  while  engaged  in  holding  the  election,  or  in  count- 
ing and  adding  up  the  result  thereof;  or  the  board  of  county  can- 
vassers, or  the  state  board  of  canvassers,  while  engaged  in  the  dis- 
charge of  their  official  duties,  or  behave  in  a  disorderly  or  boisterous 
manner  in  the  presence  of  said  officers  while  so  engaged  in  the  dis- 
cliarge  of  their  official  duties,  or  obstruct  such  officers  in  the  legal 
discharge  of  the  duties  of  their  several  positions,  he  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  more  than 
fifty  dollars  or  imprisoned  not  more  than  thirty  days. 
1901,  c.  89,  s.  51. 


34 


3386  CKIMES— Z.  Elections.  Ch.   81 

3386.  Bribery  of  voters.  If  any  person  shall  at  any  time  before 
or  after  an  election,  give  or  promise  to  give  any  money,  property,  or 
reward  to  any  elector  in  order  to  secure  his  vote,  he  shall  be  guilty 
of  a  misdemeanor;  and  any  person  who  shall  receive  or  agree  to 
receive  any  such  bribe  shall  also  be  guilty  of  a  misdemeanor. 

1901,  c.  89,  s.  54. 

3387.  Discharging  employee  on  account  of  vote.  If  any  person 

shall  discharge  from  employment,  or  otherwise  injure,  threaten,  op- 
press or  attempt  to  intimidate  any  qualified  voter  of  this  state  because 
of  the  vote  such  voter  may  or  may  not  have  cast  in  any  election,  he 
shall  be  guilty  of  a  misdemeanor. 

1901,  c.  89,  s.  53. 

3388.  Felon  voting.  If  any  person  be  challenged  as  being  con- 
victed of  any  crime  which  excludes  him  from  the  right  of  suffrage, 
he  shall  be  required  to  answer  any  question  in  relation  to  such 
alleged  conviction;  but  his  answer  to  such  questions  shall  not  be 
used  against  him  in  any  criminal  prosecution,  but  if  any  person  so 
convicted  shall  vote  at  the  election,  without  having  been  restored 
to  the  right  of  citizenship,  he  shall  be  gi^iilty  of  a  felony  and  pun- 
ished by  a  fine  not  exceeding  one  thousand  dollars,  or  imprisoned  in 
the  state's  prison  not  exceeding  two  years,  or  both. 

1901,  c.  89,  s.  71. 

3389.  Liquor,  giving  away  or  selling  at.  If  any  person  shall 

give  away  or  shall  sell  any  intoxicating  liquor,  except  for  medical 
purposes  and  upon  the  prescription  of  a  practicing  physician,  at 
any  place  within  five  miles  of  the  polling  place,  at  any  time  within 
twelve  hours  next  preceding  or  succeeding  any  public  election, 
whether  general,  local  or  municipal,  or  during  the  holding  thereof, 
he  shall  be  guilty  of  a  misdemeanor,  and  fined  not  less  than  one  hun- 
dred nor  more  than  one  thousand  dollars. 

1901,  c.  89,  s.  76;   1905,  c.  531. 

3390.  Oath,  corruptly  taking.  If  any  person  shall  corruptly  take 
the  oath  prescribed  for  voters,  he  shall  be  guilty  of  perjury,  and  be 
fined  not  less  than  five  hundred  dollars  nor  more  than  one  thousand 
dollars,  and  be  imprisoned  in  the  state's  prison  not  less  than  two 
nor  more  than  five  years. 

1901,  c.  89,  s.  49. 

3391.  Officer  failing  to  discharge  duty.  If  any  chairman  of  the 

county  board  of  elections,  or  other  returning  ofiicer  whatever,  shall 
wilfully,  or  of  malice,  neglect  to  perform  any  duty,  act,  matter  or 
thing  required  or  directed  in  the  time,  manner  and  form  in  which 

35 


3391  CEIMES— X  Elections.  Cli.   81 

such  duty,  act,  manner  or  thing  is  required  to  be  performed  in  rela- 
tion to  the  election,  and  returns  thereof,  of  the  governor,  representa- 
tives in  Congress,  of  justices  of  the  supreme  court,  of  judges  of  the 
superior  court,  of  solicitors,  or  of  electors  for  president  and  vice- 
president  of  the  United  States,  or  other  officers,  the  person  so  offend- 
ing shall  be  gaiilty  of  a  felony,  and  fined  not  less  than  one  thousand 
nor  more  than  five  thousand  dollars,  and  be  imprisoned  not  less 
than  one  nor  more  than  three  years. 
1901,  c.  89,  s.  47. 

3392.  Permanent  registration;  taking  false  oath.  If  any  per- 
son shall  knowingly  register  under  the  permanent  registration  law 
who  is  not  qualified  within  the  meaning  of  said  law,  and  article  six, 
section  four,  of  the  constitution,  or  if  any  person  shall  knowingly 
take  any  false  oath  in  registering  under  the  same,  he  shall  be  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not  more  than 
one  thousand  dollars  or  imprisoned  not  more  than  five  years. 

1901,  c.  550,  s.  12. 

3393.  Permanent  registration,  officer  failing  to  discharge  duty. 

If  any  officer  charged  with  any  duty  under  the  permanent  registra- 
tion law  wilfully  fails  and  neglects  to  perform  the  same,  he  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  shall  forfeit  his 
office  and  be  fined  not  more  than  one  thousand  dollars  or  imprisoned 
not  more  than  five  years. 
1901,  c.  550,  s.  11. 

3394.  Registering  or  voting  at  more  than  one  box.  If  any  per- 
son shall,  with  intent  to  commit  a  fraud,  register  or  vote  at  more 
than  one  box  or  more  than  one  time,  or  shall  induce  another  to  do 
so,  or  if  any  person  shall  illegally  vote  at  any  election,  he  shall  be 
guilty  of  a  felony  and  be  imprisoned  in  the  state's  prison  not  less 
than  six  nor  more  than  twelve  months,  or  fined  not  less  than  one 
hundred  nor  more  than  fiYe  hundred  dollars,  at  the  discretion  of 
the  court,  and  if  any  registrar  of  voters,  or  any  clerk  or  copyist, 
shall  make  any  entry  or  copy  with  intent  to  commit  a  fraud,  he 
shall  be  guilty  of  a  like  ofl:'ense. 

1901,  c.  89,  s.  48. 

3395.  Registering  unlawfully.  If  any  person  shall  cause  or  pro- 
cure his  name  to  be  registered  in  more  than  one  election  Avard  or 
precinct,  or  shall  cause  or  procure  his  name,  or  that  of  any  other 
person,  to  be  registered,  who  is  not  entitled  to  vote  in  the  ward  or 
election  precinct  wherein  such  registration  is  made,  or  shall  falsely 
personate  any  registered  voter,  he  shall  be  guilty  of  a  felony,  and 
shall  be  punished  for  every  such  offense  by  a  fine  not  exceeding  one 

36 


3395  CRIMES— Z.  Elections.  Ch.   81 

thousand  dollars,  or  imprisoned  in  the  state's  prison  not  exceeding 
two  yearSj  or  both,  in  the  discretion  of  the  court. 
1901,  c.  89,  s.  70. 

3396.  Returns,  failure  to  make.  If  any  registrar  or  judge  of 
election,  or  any  county  canvasser  or  commissioner,  register  of  deeds, 
clerk  or  chairman  of  county  board  of  elections  shall  fail  to  make  the 
returns  and  perform  the  duties  required  of  him,  he  shall  be  fined 
not  less  than  five  hundred  dollars,  or  imprisoned  not  more  than  six 
months  nor  less  than  two  months,  at  the  discretion  of  the  court. 

1901,  c.  89,  s.  46. 

3397.  Returns,  making  false.  If  any  person  shall  make,  or  cer- 
tify, or  deliver,  or  transmit  a  false  return  of  an  election  held  in 
this  state,  or  make  any  erasure  or  alteration  in  the  poll  books,  he 
shall  be  guilty  of  a  felony  and  imprisoned  in  the  state's  prison  not 
less  than  one  year,  and  shall,  in  addition,  forfeit  and  pay  five  hun- 
dred dollars,  one-half  to  the  use  of  the  person  who  shall  sue  for  the 
same,  and  the  other  half  to  the  use  of  the  state. 

1901,  c.  89,  s.  83. 

3398.  Returns,  copy  of;  refusal.  If  any  register  of  deeds  or 
clerk  of  the  superior  court  shall  refuse  to  make  and  give  to  any  per- 
son a  duly  certified  copy  of  the  returns  of  any  election,  or  of  a  tabu- 
lated statement  of  any  election,  the  returns  of  which  are  by  law 
deposited  in  his  ofiice,  upon  the  tender  of  the  fees  therefor,  he  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  dismissed  from 
ofiice  and  imprisoned  for  one  year. 

1901,  c.  89,  s.  83.  -^ 

3399.  Removal,  officer  acting  after.   If  any  member  of  the 

county  board  of  elections,  or  any  registrar  or  judge  of  election,  after 
having  been  removed  as  provided  by  law,  and  notified  thereof,  shall 
continue  to  exercise  the  duties  of  the  position  from  which  he  has 
been  removed,  he  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  or  imprisoned  at  the  discretion  of  the  court. 
1901,  c.  89,  s.  10. 

3400.  Taxes,  sheriff  to  furnish  list  of.  If  any  sheriff  or  tax  col- 
lector shall  fail,  between  the  first  day  of  May  and  the  tenth  day  of 
May  of  any  year  in  which  a  general  election  occurs,  to  certify  to  the 
clerk  of  the  superior  court  of  his  county  a  list  of  all  persons  who 
have  paid  their  poll  tax  for  the  previous  year,  he  shall  be  guilty  of  a 
misdemeanor. 

1901,  c.  89,  s.  13. 

37 


3401  CKIMES— X  Elections.  Ch.   81 

3401.  Taxation,  false  certificate  of  exemption  from.   If  any 

person  shall  wilfully  and  knowingly  present  to  any  election  officer 
any  false  certificate  of  exemption  from  taxation  lie  shall  be  guilty 
of  forgery. 

1901,  c.  89,  s.  13. 

3402.  Tax  receipt  given  without  payment.  If  any  tax  collector 

or  sheriff  shall  wilfully  fail  to  give  a  tax  receipt  to  any  person  pay- 
ing his  poll  tax,  or  shall  falsely  date  any  tax  receipt  or  duplicate 
thereof,  he  shall  be  guilty  of  a  misdemeanor,  and  punished  in  the 
discretion  of  the  court. 

1901,  c.  89,  s.  13. 


MISCELLANEOUS  SECTIONS. 

Quo  Warranto. 

826.  Writs  of  sci.  fa.  and  quo  warranto  abolished.  The  writ  of 

scire  facias,  the  writ  of  quo  warranto,  and  proceedings  by  informa- 
tion in  the  nature  of  quo  warranto,  are  abolished ;  and  the  remedies 
obtainable  in  those  forms  may  be  obtained  by  civil  actions  under  this 
subchapter. 

Code,  s.  603 ;  C.  C.  P.,  s.  362 ;  R.  C,  c.  26,  ss.  5,  25. 

827.  Action  by  attorney  general  upon  usurpation  or  forfeiture 

of  office.  An  action  may  be  brought  by  the  attorney  general  in  the 
name  of  the  state,  upon  his  own  information,  or  upon  the  complaint 
of  any  private  party,  against  the  parties  offending,  in  the  following 
cases : 

1.  When  any  person  shall  usurp,  intrude  into,  or  unlawfully  hold 
or  exercise  any  public  office,  civil  or  military,  or  any  franchise  within 
this  state,  or  any  office  in  a  corporation  created  by  the  authority  of 
this  state ;  or, 

2.  When  any  public  officer,  civil  or  military,  shall  have  done  or 
suffered  an  act  which,  by  law,  shall  make  a  forfeiture  of  his  office. 

Code,  s.  607;  C.  C.  P.,  s.  366. 

Note.  For  right  of  attorney  general  to  institute  actions  for  the  forfeiture  of 
corporate  charters  and  the  like,  see  s.  1198. 

For  right  to  institute  action  to  forfeit  grants,  see  s.  1750. 

828.  Leave  granted  by  attorney  general  to  private  person, 

when.  When  application  shall  be  made  to  the  attorney  general  by  a 
private  relator  to  bring  such  an  action,  he  shall  grant  the  leave  that 
the  same  may  be  brought  in  the  name  of  the  state,  upon  the  relation 
of  such  applicant,  upon  such  applicant  tendering  to  the  attorney 

38 


QUO  WAKEANTO. 

general  satisfactory  security  to  indemnify  the  state  against  all  costs 

and  expenses  which  may  accrue  in  consequence  of  the  bringing  of 

such  action. 

Code,  s.  608 ;  1874-5,  c.  76 ;  1881,  c.  330. 

Note.     For  costs  in  such  action,  see  s.  1261. 

For  leave  in  actions  relating  to  corporations,  see  s.  1196. 

829.  Solvent  sureties  required.  The  attorney  general,  before 
granting  leave  to  a  private  relator  to  bring  a  suit  to  try  the  title  to 
an  office,  may  require  two  sureties  to  the  bond  required  by  law  to  be 
filed  to  indemnify  the  state  against  costs  and  expenses,  and  require 
such  sureties  to  justify,  and  may  require  such  proof  and  evidence  of 
the  solvency  of  said  sureties  as  may  be  satisfactory  to  him. 

1901,  c.  595,  s.  2. 

830.  Leave  withdrawn,  action  dismissed,  bond   Insufficient. 

When  the  attorney  general  shall  have  granted  leave  to  a  private  rela- 
tor to  bring  an  action  in  the  name  of  the  state  to  try -the  title  to  an 
office,  and  it  shall  afterwards  be  shown  to  the  satisfaction  of  the 
attorney  general  that  the  bond  filed  by  such  private  relator  is  insuffi- 
cient, or  that  the  securities  thereto  are  insolvent,  the  attorney  general 
may  recall  and  revoke  such  leave  theretofore  granted,  and  upon  a 
certificate  of  the  withdrawal  and  revocation  by  the  attorney  general 
to  the  clerk  of  the  court  of  the  county  where  any  such  action  is  pend- 
ing, it  shall  be  the  duty  of  the  judge  presiding,  upon  motion  of  the 
defendant,  to  dismiss  the  action. 
1891,  c.  595. 

831.  Arrest  and  bail  of  defendant  usurping  office.  Whenever 

such  action  shall  be  brought  against  a  person  for  usurping  an  office, 
the  attorney  general,  in  addition  to  the  statement  of  the  cause  of 
action,  may  also  set  forth  in  the  complaint  the  name  of  the  person 
rightfully  entitled  to  the  office,  with  a  statement  of  his  right  thereto ; 
and  in  such  case,  upon  proof  by  affidavit  that  the  defendant  has 
received  fees  or  emoluments  belonging  to  the  office,  and  by  means  of 
his  usurpation  thereof,  an  order  shall  be  granted  by  a  judge  of  the 
superior  court  for  the  arrest  of  such  defendant,  and  holding  him  to 
bail ;  and  thereupon  he  shall  be  arrested  and  held  to  bail  in  the  man- 
ner, and  with  the  same  effect,  and  subject  to  the  same  rights  and 
liabilities,  as  in  other  civil  actions  where  the  defendant  is  subject  to 
arrest. 

Code,  s.  609 ;  C.  C.  P.,  s.  369 ;  1883,  c.  102. 

832.  Claim  of  several  persons  to  office  tried  In  one  action. 

Where  several  persons  claim  to  be  entitled  to  the  same  office  or  fran- 
chise, one  action  may  be  brought  against  all  such  persons,  in  order 
to  try  their  respective  rights  to  such  office  or  franchise. 
Code,  s.  614 ;  C.  C.  P.,  s.  374. 

39 


QUO  WARRAXTO. 

833.  Trials  expedited.  All  actions  to  try  the  title  or  right  to  any 
office,  state,  county  or  municipal,  shall  stand  for  trial  at  the  return 
term  of  the  summons,  if  a  copy  of  the  complaint  shall  have  been 
served  with  the  summons,  at  least  thirty  days  before  the  return  day 
thereof;  and  it  shall  be  the  duty  of  the  judges  to  expedite  the  trial 
of  such  actions,  and  to  give  them  precedence  over  all  other  actions, 
civil  or  criminal.  But  it  shall  be  unlawful  to  appropriate  any  public 
funds  to  the  payment  of  counsel  fees  in  any  such  action. 

Code,  s.  616 ;  1901,  c.  42 ;  1874-5,  c.  173. 

834.  Action  brought  within  ninety  days  after  induction  into 

office.  All  actions  brought  by  a  private  relator,  upon  the  leave  of 
the  attorney  general,  to  try  the  title  to  an  office  shall  be  brought, 
and  a  copy  of  the  complaint  served  on  the  defendant,  within  ninety 
days  after  the  induction  of  the  defendant  into  the  office  to  which  the 
title  is  sought  to  be  tried ;  and  when  it  shall  appear  from  the  papers 
in  the  cause,  or  otherwise  be  shown  to  the  satisfaction  of  the  court 
that  the  summons  and  complaint  have  not  been  served  within  ninety 
days,  it  shall  be  the  duty  of  the  judge  upon  motion  of  defendant 
to  dismiss  the  action  at  any  time  before  the  trial  at  the  cost  of  the 
plaintiff. 

1901,  c.  519 ;  1903,  e.  556. 

835.  Defendant's  undertaking  before  answer.  Before  the  de- 
fendant is  permitted  to  answer  or  demur  to  the  complaint  he  shall 
execute  and  file  in  the  superior  court  clerk's  office  of  the  county 
wherein  the  suit  is  pending,  an  undertaking,  with  good  and  suffi- 
cient surety,  in  the  sum  of  two  hundred  dollars,  w^hich  may  be 
increased  from  time  to  time,  in  the  discretion  of  the  judge,  to  be 
void  upon  condition  that  the  defendant  shall  pay  to  the  plaintiff  all 
such  costs  and  damages,  including  damages  for  the  loss  of  such  fees 
and  emoluments  as  may  or  ought  to  have  come  into  the  hands  of  the 
defendant,  as  the  plaintiff  may  recover. 

1895,  c.  105. 

836.  Possession  of  office  not  disturbed  pending  hearing.  In  any 

civil  action  pending  in  any  of  the  courts  of  this  state  wherein  the 
title  to  any  office  is  involved,  the  defendant  being  in  the  -possession 
of  said  office  and  discharging  the  duties  thereof,  shall  continue  therein 
pending  such  action,  and  no  judge  shall  make  any  restraining  order 
interfering  with  or  enjoining  such  officer  in  the  premises ;  and  such 
officer  shall,  notwithstanding  any  such  order,  continue  to  exercise  the 
duties  of  such  office  pending  such  litigation,  and  receive  the  emolu- 
ments thereof. 
1899,  c.  33. 

837.  Judgment  by  default  and  inquiry  for  failure  of  defendant 

to  give  bond.    At  any  time  after  a  duly  verified  complaint  is  filed 

40 


QUO  WARRANTO. 

alleging  facts  sufficient  to  entitle  plaintiff  to  the  office,  whether  such 
complaint  is  filed  at  the  beginning  of  the  action  or  later,  the  plain- 
tiff may,  upon  ten  days'  notice  to  the  defendant  or  his  attorney  of 
record,  move  before  the  resident  judge  or  the  judge  riding  the  district 
at  chambers,  to  require  the  defendant  to  give  said  undertaking;  and 
it  shall  be  the  duty  of  the  judge  to  require  the  defendant  to  give  such 
undertaking  within  ten  days,  and  if  the  undertaking  shall  not  be  so 
given,  the  judge  shall  render  judgment  in  favor  of  plaintiff  and 
against  defendant  for  the  recovery  of  the  office  and  the  costs,  and  a 
judgment  by  default  and  inquiry  to  be  executed  at  term  for  damages, 
including  loss  of  fees  and  salary.  Upon  the  filing  of  said  judgment 
for  the  recovery  of  such  office  with  the  clerk,  it  shall  be  the  duty 
of  the  clerk  to  issue  and  the  sheriff  to  serve  the  necessary  process  to 
put  plaintiff  into  possession  of  the  office.  In  case  defendant  shall 
give  the  undertaking,  the  court,  if  judgment  is  rendered  for  plain- 
tiff, shall  render  judgment  against  the  defendant  and  his  sureties 
for  costs  and  damages,  including  loss  of  fees  and  salary:  Provided, 
that  nothing  herein  shall  prevent  the  judge's  extending,  for  cause, 
the  time  in  which  to  give  the  undertaking. 
1899,  c.  49 ;  1895,  c.  105,  s.  2. 

838.  Service  of  summons  and  complaint.   The  service  of  the 

summons  and  complaint  as  herein  before  provided  may  be  made  by 
leaving  a  copy  thereof  at  the  last  residence  or  business  office  of  the 
defendant  or  defendants,  and  the  same  shall  be  held  and  deemed  a 
legal  service  of  the  said  summons  and  complaint. 
1899,  c.  12G. 

839.  Judgment  in  such  actions.  In  every  such  case  judgment  shall 
be  rendered  upon  the  right  of  the  defendant,  and  also  upon  the  right 
of  the  party  so  alleged  to  be  entitled,  or  only  upon  the  right  of  the 
defendant,  as  justice  shall  require. 

Code,  s.  610 ;  C.  C.  P.,  s.  370. 

840.  Judgment  for  usurping  office  or  franciiise;  fine.  When  the 

defendant,  whether  a  natural  person  or  a  corporation,  against  whom 
such  action  shall  have  been  brought,  shall  be  adjudged  guilty  of 
usurping  or  intruding  into,  or  unlawfully  holding  or  exercising  any 
office,  franchise  or  privilege,  judgment  shall  be  rendered  that  such 
defendant  be  exclucled  from  such  office,  franchise  or  privilege,  and 
also  that  the  plaintiff  recover  costs  against  such  defendant.  The 
court  may  also,  in  its  discretion,  fine  such  defendant  a  sum  not 
exceeding  two  thousand  dollars. 

Code,  s.  615 ;  R.  C,  c.  95 :  C.  C.  P.,  s.  375;  Const,  Art.  IX,  s.  5. 

841.  IVIandamUS  to  aid  relator,  when.  Whenever  in  any  civil 
action  brought  to  try  the  title  or  right  to  hold  any  office,  the  judg- 

41 


QUO  WAEEAISFTO. 

ment  of  the  court  shall  be  in  favor  of  the  relator  in  such  action,  it 
shall  be  the  duty  of  the  court  to  issue  a  writ  of  mandamus  or  such 
other  process  as  may  be  necessary  and  proper  to  carry  such  judg- 
ment into  effect,  and  to  induct  the  party  so  entitled  into  such  office. 
1885,  c.  406,  s.  1. 

842.  On  appeal,  occupant  of  office  to  give  bond  for  fees,  iso 

appeal  by  the  defendant  from  the  judgment  of  the  superior  court  in 
such  action  to  the  supreme  court  shall  stay  the  execution  of  the  judg- 
ment, unless  a  justified  undertaking  be  executed  on  the  part  of  the 
appellant  by  one  or  more  sureties,  in  a  sum  to  be  fixed  by  the  court, 
conditioned  that  the  appellant  will  pay  to  the  party  entitled  to  the 
same  the  salary,  fees,  emoluments  and  all  moneys  whatsoever  received 
by  such  appellant  by  virtue  or  under  color  of  his  said  office:  Pro- 
vided, that  in  no  event  shall  said  judgment  be  executed  pending  said 
appeal,  unless  a  justified  undertaking  be  executed  on  the  part  of  the 
appellee  by  one  or  more  persons  in  a  sum  to  be  fixed  by  the  court, 
conditioned  that  the  appellee  will  pay  to  the  party  entitled  to  the  same 
the  salary,  fees,  emoluments  and  all  moneys  whatsoever  received  by 
the  appellee  by  virtue  or  under  color  of  his  said  office  during  his 
occupancy  thereof. 
1885,  c.  406,  s.  2. 

843.  Relator  Inducted  into  office,  when.   If  the  judgment  be 

rendered  upon  the  right  of  the  person  so  alleged  to  be  entitled,  and 
the  same  be  in  favor  of  such  person,  he  shall  be  entitled,  after  taking 
the  oath  of  office,  and  executing  such  official  bond  as  may  be  required 
by  law,  to  take  upon  himself  the  execution  of  the  office ;  and  it  shall 
be  his  duty,  immediately  thereafter,  to  demand  of  the  defendant  in 
the  action  all  the  books  and  papers  in  his  custody,  or  within  his 
power,  belonging  to  the  office  from  which  he  shall  have  been  excluded. 
Code,  s.  611 ;  C.  C.  P.,  s.  371. 

844.  Damages  by  usurpation  recovered.  If  judgment  be  ren- 
dered upon  the  right  of  the  person  so  alleged  to  be  entitled,  in  favor 
of  such  person,  he  may  recover  by  action  the  damages  which  he 
shall  have  sustained  by  reason  of  the  usurpation  by  the  defendant  of 
the  office  from  which  such  defendant  has  been  excluded. 

Code,  s.  613 ;  C.  C.  P.,  s.  373. 

845.  Action  to  recover  forfeited  property  for  state.  Whenever 

any  property,  real  or  personal,  shall  be  forfeited  to  the  state,  or  to 
any  officer  for  its  use,  an  action  for  the  recovery  of  such  property, 
alleging  the  grounds  of  the  forfeiture,  may  be  brought  by  the  proper 
officer  in  any  superior  court. 
Code,  s.  621 ;  C.  C.  P.,  s.  381. 

42 


CLEKK  OF  SUPERIOK  COUKT,  ETC. 


Clerk  of  Superior  Court. 

890.  How  elected;  term  of  office.  A  clerk  of  the  superior  court 
for  each  county  shall  be  elected  by  the  qualified  voters  thereof,  at  the 
time  and  in  the  manner  prescribed  by  law  for  the  election  of  mem- 
bers of  the  general  assembly.  Clerks  of  the  superior  court  shall  hold 
office  for  four  years. 

Const,  Art.  IV,  ss.  16,  17. 

COT^STABLE. 

933.    How  elected.    In  each  township  there  shall  be  a  constable, 
elected  by  the  voters  thereof,  who  shall  hold  his  office  for  two  years. 
Const.,  Art.  IV,  s.  24. 

Coroner. 

1047.  How  elected;  clerk  appoints  for  special  cases.  In  each 

county  a  ^"  '^  "^  coroner  shall  be  elected  by  the  qualified  voters 
thereof,  as  is  prescribed  for  members  of  the  general  assembly,  and 
shall  hold  their  offices  (his  office)  for  two  years.  *  *  ^  When 
there  is  no  coroner  in  a  county,  the  clerk  of  the  superior  court  for 
the  county  may  appoint  one  for  special  cases. 

Const,  Art.  IV,  s.  24.  (In  case  of  a  vacancy  the  county  commissioners 
appoint  s.  1321.) 

Corporation  Commission. 

1055.  Number  of  commissioners.  The  court  shall  consist  of  three 
commissioners,  who  shall  be  elected  by  the  qualified  voters  of  the 
state,  in  the  same  manner  as  other  state  officers  are  elected.  The 
court  shall  organize  by  the  election  of  one  of  the  commissioners  as 
chairman.  -— 

1899,  c.  164,  s.  1. 

County  Commissioners — Election  oe. 

1311.  By  qualified  voters;  number.  There  shall  be  elected  in 
each  county  of  the  state,  except  those  mentioned  in  section  one  thou- 
sand three  hundred  and  twelve,  at  the  general  election  to  be  held  in 
the  year  one  thousand  eight  hundred  and  ninety-six,  and  every  two 
years  thereafter,  by  the  duly  qualified  electors  thereof,  three  persons 
to  be  chosen  from  the  body  of  the  county,  who  shall  be  styled  ^^the 

board  of  commissioners  for  the  county  of "  and  shall  hold 

their  office  for  two  years  from  date  of  their  qualification  and  until 
their  successors  shall  be  elected  and  qualified.  Provided,  the  num- 
ber of  commissioners  shall  be  &ve  instead  of  three  in  the  counties 
of  Alamance,  Bertie,  Buncombe,  Cabarrus,  Carteret,  Catawba,  Co- 
lumbus, Craven,  Cumberland,  Durham,  Edgecombe,  Franklin,  Gran- 
ville, Guilford,  Halifax,  Hertford,  Johnston,  Lenoir,  Lincoln,  Meck- 

43 


COUXTY  COMMISSIOXERS. 

lenburg,  'New  Hanover,  ISTorthampton,  Pasquotank,  Perquimans, 
Richmond,  Robeson,  Rockingham,  Rowan,  Wake,  Warren  and 
Wayne ;  and  in  the  county  of  Beaufort  seven.  In  the  county  of  Gas- 
ton six,  one  of  whom  must  be  a  resident  of  Dallas  township,  one  a 
resident  of  Gastonia  towTiship,  one  a  resident  of  River  Bend  township, 
one  a  resident  of  South  Point  to^\Tiship,  one  a  resident  of  Crow^der's 
Mountain  township  and  one  a  resident  of  Cherryville  township.  If 
at  any  time  said  board  of  commissioners  for  the  county  of  Gaston 
shall  be  equally  divided  upon  any  question  pending  before  them  and 
there  shall  be  a  tie  vote,  then  and  in  that  event  the  clerk  of  said  board 
is  authorized  and  empowered  to  cast  the  deciding  vote  and  to  deter- 
mine such  question. 

1895,  c.  135,  s.  4;  1899,  cc.  103,  147,  153,  187,  297.  301,  346,  450,  467,  609;  1901, 
cc.  14,  60,  328,  330,  581;  1903,  cc.  4,  7,  14,  36,  46,  59,  137,  203,  206,  207,  228,  265, 
446,  515,  790;  1905,  cc  58,  73,  148,  338,  346,  397,  553. 

1312.  By  justices  of  peace.  The  justices  of  the  peace  for  Vance 
county,  on  the  first  Monday  in  June,  one  thousand  eight  hundred 
and  eighty-four  (and  for  Montgomery  county  on  the  first  Monday  in 
June,  one  thousand  nine  hundred  and  five)  and  on  the  first  Monday 
in  June  every,  two  years  thereafter,  shall  assemble  at  the  courthouse 
of  their  respective  counties,  and  a  majority  being  present,  shall  pro- 
ceed to  the  election  of  not  less  than  three  nor  more  than  five  persons, 
to  be  chosen  from  the  body  of  the  county,  excluding  the  justices  them- 
selves, who  shall  be  styled  "the  board  of  commissioners  for  the  county 

of ,.  .,"  and  shall  hold  their  offices  for  tw^o  years  from  the  date 

of  their  qualification,  and  until  their  successors  shall  be  elected  and 
qualified. 

Code,  s.  716;  1899,  c.  488;  1887,  c.  307;  1903,  cc.  191,  207,  790;  1876-7, 
c.  141,  s.  5 ;  1905,  cc.  37,  44,  58,  73,  148,  340,  422. 

Couis'TY  Commissioners — Powers  and  Duties. 

1318.  Powers  given  board.  The  board  of  commissioners  of  the 
several  counties  shall  have  power — 

3.  TO  SUBMIT  PROPOSITIONS  TO  CONTRACT  DEBT  TO  A  VOTE  OF 

ELECTORS. 

To  submit  to  a  vote  of  the  qualified  electors  in  the  county,  after 
having  obtained  the  approval  of  the  general  assembly,  any  proposi- 
tion to  contract  a  debt,  or  loan  the  credit  of  the  county,  under  section 
seven,  article  seven,  of  the  constitution;  to  order  the  time  for  voting 
upon  such  proposition,  which  shall  be  upon  public  notice  thereof 
at  one  or  more  places  in  each  township  in  the  county,  and  publica- 
tion in  one  or  more  county  newspapers,  if  there  be  any,  for  three 

44 


JUSTICES  OF  THE  PEACE,  ETC. 

months  next  immediately  preceding  the  time  fixed  on;  and  such 
election  shall  take  place  and  be  conducted  under  the  laws  as  pre- 
scribed for  the  election  of  members  of  the  general  assembly ;  and  the 
commissioners  shall  provide  for  giving  effect,  in  case  of  the  adoption 
of  the  proposition,  to  the  expressed  will  of  a  majority  of  the  qualified 
voters  in  such  election. 

Justices  of  the  Peace. 

1409.  When  and  how  justices  elected.  At  every  general  election 
held  for  members  of  the  general  assembly,  there  shall  be  elected  in 
each  township  (except  those  in  the  counties  of  Bertie,  Caswell, 
Chowan,  Forsyth,  Granville,  Harnett,  Montgomery  and  Vance,  in 
which  counties  justices  of  the  peace  shall  be  elected  by  the  gen- 
eral assembly),  three  justices  of  the  peace,  and  for  each  township 
in  which  any  city  or  incorporated  town  is  situated,  one  justice 
of  the  peace  for  every  one  thousand  inhabitants  in  'such  town  or 
city  (except  in  the  city  of  Wilmington,  where  the  number  shall  be 
twenty-five),  who  shall  hold  their  offices  for  two  years,  except  that  in 
the  county  of  Edgecombe  there  shall  be  elected  one  justice  of  the  peace 
for  each  and  every  one  hundred  duly  qualified  electors  in  each  town- 
ship, and  for  every  fraction  of  one  hundred  over  fifty. 

1895,  c.  157,  s.  4;  1899,  c.  392;  1903,  cc.  191,  207,  790;  1876-7,  c.  141;  Code, 
s.  819;  1905,  cc.  37,  44,  73,  s.  2;  1905,  c.  148,  s.  2;  1905,  c.  447. 

Note.  For  special  provision  as  to  time  of  election  in  Washington  county,  see 
1905,  c.  148,  s.  2. 

Stock  Law. 

1672.  County  elections.  Upon  the  written  application  of  one- 
fifth  of  the  qualified  voters  of  any  county  made  to  the  board  of  com- 
missioners thereof,  it  shall  be  the  duty  of  said  commissioners  from 
time  to  time  to  submit  the  question  of  ^^stock  law"  or  '^no  stock 
law"  to  the  qualified  voters  of  said  county.  And  if  at  any  such  elec- 
tion a  majority  of  the  votes  cast  shall  be  in  favor  of  said  stock  law, 
then  the  provisions  of  this  chapter  relating  to  the  stock  law  shall  be 
in  force  over  the  whole  of  said  county. 

Code,  s.  2812. 

1673.  Township  elections.  Upon  the  written  application  of  one- 
fifth  of  the  qualified  voters  in  any  township,  made  to  the  board  of 
commissioners  of  the  county  wherein  said  township  is  situated,  it 
shall  be  the  duty  of  said  commissioners  to  submit  the  question  of 
"stock  law"  or  "no  stock  law"  to  the  qualified  voters  of  said  town- 
ship; and  if  at  any  such  township  election  a  majority  of  the  votes 
cast  shall  be  in  favor  of  "stock  law,"  then  the  said  stock  law  shall 
be  in  force  in  said  township. 

Code,  s.  2813. 

45 


STOCK  LAW. 

1674.  District  elections.  Upon  the  written  application  of  one- 
fifth  of  the  qualified  voters  of  any  district  or  territory,  whether  the 
boundaries  of  said  district  follow  township  lines  or  not,  made  to  the 
board  of  county  commissioners  at  any  time,  and  setting  forth  well- 
defined  boundaries  of  said  district,  it  shall  be  the  duty  of  the  said 
commissioners  to  submit  the  question  of  '^stock  law''  or  "no  stock 
law"  to  the  qualified  voters  of  said  district,  and  if  at  any  such  elec- 
tion a  majority  of  the  votes  cast  shall  be  in  favor  of  "stock  law,"  then 
the  said  stock  law  shall  be  in  force  over  the  whole  of  said  district. 

Code,  s.  2814. 

1675.  Persons  within  territory  allowed  to  withdraw.  Upon  the 

written  application  of  a  majority  of  the  qualified  voters  in  any  dis- 
trict, territory  or  well-defined  boundary,  made  to  the  board  of  county 
commissioners,  at  any  time,  setting  forth  that  the  citizens  of  said 
district,  territory  or  boundary  are  within  the  stock  law  boundary, 
and  are  desirous  of  being  released  from  the  laws  governing  said  stock 
law  territory,  it  shall  be  the  duty  of  said  commissioners  to  submit 
the  question  of  "no  stock  law"  or  "stock  law"  to  the  qualified  voters 
of  said  district  or  territory,  and  if  at  any  such  election  a  majority 
of  the  votes  cast  shall  be  against  stock  law,  then  the  said  district  or 
territory  shall  be  released  and  free  from  the  operation  of  the  stock 
law:  Provided,  the  expense  incurred  in  changing  the  fence  in  such 
boundary,  district  or  territory  so  released  be  paid  by  the  property 
holders  in  such  boundary,  district  or  territory,  and  that  the  commis- 
sioners of  the  county  levy  the  tax  to  pay  the  same  on  the  property 
holders  of  such  boundary,  district  or  territory  so  released,  but  they 
shall  not  be  further  liable  for  keeping  up  said  stock  law  fence:  Pro- 
vided, that  in  any  territory  where  stock  law  now  prevails  no  election 
against  stock  law  shall  be  held  in  less  than  two  years  from  the  date 
of  the  election  adopting  stock  law  in  said  territory:  Provided  fur- 
ther, that  if  "no  stock  law"  should  carry,  it  shall  not  take  effect 
until  six  months  from  the  date  of  its  ratification :  Provided  still  fur- 
ther, that  neither  "stock  law"  or  "no  stock  law"  shall  take  effect 
during  crop  season.  This  section  shall  apply  only  to  the  counties  of 
Jackson,  Graham,  Swain,  Clay,  Macon,  Cherokee  and  Randolph. 

1895.  c.  35;   1897,  cc.  461,  516;   1903,  c.  60. 

1676.  Elections,  how  held.  Every  election  under  this  chapter 
shall  be  held  and  conducted  under  the  same  rules  and  regulations  and 
according  to  the  same  penalties  provided  by  law  for  the  election  of 
members  of  the  general  assembly:  Provided,  no  such  county,  town- 
ship or  district  election  shall  be  held  oftener  than  once  in  any  one 
year,  although  the  boundaries  of  such  district  may  not  be  the  same. 

Code,  s.  2815. 

46 


LOCAL  OPTION  ELECTIOISrS. 

1677.  Powers  and  duties  of  commissioners.  The  board  of  com- 
missioners of  the  county  may  provide  for  a  new  registration  of 
voters,  designate  places  for  holding  elections,  and  make  all  regula- 
tions, and  do  all  other  things  necessary  to  carry  into  effect  the  pro- 
visions of  this  chapter  relating  to  the  stock  law. 

Code,  s.  2826. 

Local  Option  Elections. 

2069.  When  ordered,  what  submitted.  It  shall  be  the  duty  of 

the  governing  body  of  any  city  or  town,  upon  the  petition  of  one- 
third  of  the  registered  voters  therein,  who  were  registered  for  the 
preceding  municipal  election,  to  order  an  election  to  be  held,  after 
thirty  days'  notice,  in  any  year  in  which  the  petition  may  be  jS.led, 
except  within  ninety  days  of  any  city,  county  or  general  election,  in 
time  for  the  notice  to  be  given  as  above  required,  to  determine — 
(1)  Whether  intoxicating  liquors  shall  be  manufactured  in  such  city 
or  town;  (2)  whether  barrooms  or  saloons  shall  be  established  in 
such  city  or  town;  (3)  whether  dispensaries  shall  be  established  in 
such  city  or  town.  And  any  such  election  may  be  ordered  to  deter- 
mine any  one  or  two  or  all  of  such  questions,  as  the  petitioners  may 
designate  in  their  petition.  'No  such  election  shall  be  held  oftener 
than  once  in  two  years. 
1903,  c.  233,   s.   7. 

2070.  How  conducted.  Whenever  such  election  shall  be  held, 
it  shall  be  conducted  and  held  under  the  provisions  of  law  regulating 
municipal  elections. 

1903,  c.  233,  s.  8. 

2071.  Boxes  provided,  what  tickets  voted.  Whenever  the  gov- 

-erning  body  of  any  city  or  town  shall  order  any  such  election,  they 
shall  provide  one  box  to  determine  the  question  of  manufacture  of 
liquors,  if  such  question  is  to  be  voted  upon ;  one  box  to  determine 
the  sale  by  saloons,  if  such  question  is  to  be  voted  upon;  and  one 
box  to  determine  the  sale  by  dispensaries  if  such  question  is  to  be 
voted  upon.  Any  person  entitled  to  vote  for  members  of  the  general 
assembly  shall  have  the  right  to  vote  at  such  elections  in  all  the  boxes 
provided,  and  every  such  voter  who  is  in  favor  of  the  manufacture  of 
intoxicating  liquors  shall  vote  a  ticket  on  which  shall  be  written  or 
printed  the  words  ^Tor  Distilleries,''  and  all  opposed  to  the  manufac- 
ture of  intoxicating  liquors  shall  vote  a  ticket  on  which  shall  be  writ- 
ten or  printed  the  words  "Against  Distilleries" ;  and  every  such  voter 
who  is  in  favor  of  barrooms  or  saloons  shall  vote  a  ticket  on  which 
shall  be  written  or  printed  the  words  "For  Saloons,"  and  all  opposed 
to  them  shall  vote  a  ticket  on  which  shall  be  written  or  printed  the 
w^ords  "Against  Saloons;"  and  every  such  voter  who  is  in  favor  of 

47 


LOCAL  OPTIOX  ELECTIOXS. 

dispensaries  shall  vote  a  ticket  on  which  shall  be  written  or  printed 
the  words  "For  Dispensaries/'  and  all  opposed  to  them  shall  vote  a 
ticket  on  which  shall  be  written  or  printed  the  words  "Against  Dis- 
pensaries.'' Such  tickets  shall  be  of  white  paper  and  without  device. 
1903,  c.  233,  s.  9. 

2072.  Distilleries,  when  allowed.  If  a  majority  of  the  votes 
cast  in  any  such  election  shall  be  "iigainst  Distilleries,"  when  that 
question  is  voted  upon,  then  it  shall  be  unlawful  for  any  person  to 
manufacture  any  intoxicating  liquors  in  such  city  or  town  until 
another  election  shall  be  held  reversing  such  election.  But  if  a 
majority  of  the  votes  cast  in  any  such  election  in  any  city  or  town 
shall  be  "Tor  Distilleries,"  then  it  shall  be  lawful  to  manufacture 
and  sell  at  wholesale  intoxicating  liquors  in  such  city  or  town.  This 
section  shall  not  be  construed  to  authorize  the  manufacture  of  intoxi- 
cating liquors  in  any  town  except  upon  a  full  compliance  with  the 
conditions  and  requirements  which  may  now  or  hereafter  be  im- 
posed by  law. 

1903,  c.  233,  s.  10. 

2073.  Saloons,  when  licensed.  If  a  majority  of  the  votes  in 
any  such  election  in  any  city  or  town  shall  be  "Against  Saloons," 
then  it  shall  be  unlawful  for  the  county  commissioners  of  any  such 
county,  or  the  governing  body  of  any  such  town,  to  grant  license  to 
any  person  for  the  sale  of  spirituous,  vinous,  malt  or  other  intoxi- 
cating liquors  whatever  in  such  city  or  town  until  another  election 
shallbe  held  reversing  such  election:  Provided,  that  liquor  dealers 
in  such  cities  or  towns  holding  license  at  the  time  of  the  election 
shall  be  allowed  six  months  after  such  election  in  which  to  close 
out  their  stock  on  hand  at  the  time  of  such  election,  if  their  license 
so  long  remain  in  force.  But  if  a  majority  of  any  such  votes 
cast  in  any  such  election  shall  be  "For  Saloons,"  then  the  board 
of  county  commissioners  of  such  county,  and  the  governing  body  of 
such  city  or  town,  shall  grant  license  to  sell  intoxicating  liquors  in 
such  city  or  town  to  all  proper  persons  applying  for  the  same  accord- 
ing to  law.  And  such  license  shall  be  granted  until  another  election 
shall  be  held  reversing  such  election:  Provided  further,  that  this 
section  shall  not  be  construed  to  authorize  any  person  to  sell,  either 
by  retail  or  wholesale,  intoxicating  liquors  in  such  city  or  town, 
except  upon  a  full  compliance  with  the  conditions  and  requirements 
which  may  now  or  hereafter  be  imposed  by  law. 

1903,  c.  233,  s.   11. 


48 


DISPENSAEIES. 


DiSPENSxVRIES. 


2074.  When  established.  If  a  majority  of  the  votes  east  at  any 
such  election  shall  be  ^^ Against  Dispensaries,"  then  it  shall  be  unlaw- 
ful to  establish  any  dispensary  in  such  city  or  town  until  another 
election  shall  be  held  reversing  such  election.  But  if  a  majority  of 
the  votes  cast  at  any  such  election  be  'Tor  Dispensaries/'  then  the 
board  of  commissioners  of  such  city  or  town  shall  establish  a  dis- 
pensary therein. 

1903,  c.  233,  s.   12. 

2075.  Commissioners  appointed.  Whenever  it  shall  become  law- 
ful under  the  provisions  of  this  chapter  to  establish  a  dispensary  in 
any  city  or  town,  the  governing  body  of  such  city  or  town  shall 
appoint  three  commissioners  from  the  voters  of  such  city  or  town, 
who,  in  the  election,  voted  for  dispensaries,  whose  duty  it  shall  be  to 
conduct  such  dispensaries  under  such  rules  and  regulations,  and 
with  such  officers  and  employees,  as  may  be  prescribed  and.  allowed 
by  the  governing  body  of  such  city  or  town,  who  shall  fix  the  com- 
pensation of  said  commissioners  and  their  officers  and  employees. 

1903,  c.  233,  s.  13. 

2076.  Terms  of  office  fixed;  removal;  bonds.  The  governing 

body  of  any  city  or  town  in  which  a  dispensary  shall  be  established 
under  the  provisions  of  this  chapter,  shall  have  power  to  fix  the 
terms  of  office  of  the  dispensary  commissioners,  and  determine  the 
amount  of  bonds  required  from  the  commissioners  and  officers,  and 
shall  have  the  power  to  remove  any  or  all  commissioners  and  any 
officers  or  employees  appointed  by  such  commissioners,  for  good 
cause  shown. 
1903,  c.  233,  s.  18. 

2077.  Sales  in,  how  made.  'No  liquor  of  any  kind  shall  be  sold 
in  any  dispensary  on  Sunday  or  election  days,  and  no  dispensary 
shall  ever  be  open  or  liquor  sold  therein  before  sunrise  or  after  sun- 
set on  any  day.  The  prices  at  which  liquor  shall  be  sold  shall  be 
fixed  by  the  dispensary  commissioners.  All  sales  shall  be  for  cash 
and  at  a  profit  not  to  exceed  eighty  per  centum  of  the  cost  thereof. 
No  liquor  shall  be  sold  in  any  dispensary  except  in  unbroken  pack- 
ages or  bottles,  which  shall  contain  not  less  than  one-half  pint  and 
not  more  than  one  quart.  The  manager  of  a  dispensary  shall  pro- 
hibit loafing,  loitering  or  drinking  on  the  premises.  It  shall  be  the 
duty  of  the  manager,  when  ordered  by  the  board  of  dispensary 
commissioners,  to  keep  a  register,  on  which  shall  be  kept  a  record 
of  the  names  of  persons  to  whom  any  liquors  are  sold,  the  quantity 
sold,  price  paid,  and  date  of  sale.     Such  register  shall  be  open  only 

4  49 


MUJSriCIPAL  SUBSCKIPTIOA^S. 

• 

to  the  inspection  of  the  dispensary  commissioners  and  its  employees, 
and  the  contents  thereof  shall  not  be  published.  No  intoxicating 
liquors  shall  be  sold  to  any  minors,  and  the  dispensary  commissioners 
shall  make  such  rules  and  regulations  not  inconsistent  with  this 
chapter  as  may  be  proper  for  the  management  of  the  dispensary. 

1903,  c.  233,  s.  U;  1905,  c.  458. 

Municipal  Subsceiptions.  *c^ 

2558.  Counties  may  aid  railroads.  The  boards  of  commissioners 
of  the  several  counties  shall  have  power  to  subscribe  stock  to  any  rail- 
road company  when  necessary  to  aid  in  the  construction  of  any  rail- 
road in  which  the  citizens  of  the  county  may  have  an  interest. 

Code,  s.  1996  j  1868-9,  c.  171,  s.  1. 

2559.  How  made.  The  board  of  commissioners  of  any  county 
proposing  to  take  stock  in  any  railroad  company  shall  meet  and  agTce 
upon  the  amount  to  be  subscribed,  and  if  a  majority  of  the  board 
shall  vote  for  the  proposition,  this  shall  be  entered  of  record,  which 
shall  show  the  amount  proposed  to  be  subscribed,  to  what  company, 
and  whether  in  bonds,  money  or  other  property,  and  thereupon 
the  board  shall  order  an  election,  to  be  held  on  a  notice  of  not 
less  than  thirty  days,  for  the  purpose  of  voting  for  or  against 
the  proposition  to  subscribe  the  amount  of  stock  agreed  on  by  the 
board  of  county  commissioners.  And  if  a  majority  of  the  qualified 
voters  of  the  county  shall  vote  in  favor  of  the  proposition,  the  board 
of  county  commissioners,  through  their  chairman,  shall  have  power 
to  subscribe  the  amount  of  stock  proposed  by  them,  and  submitted  to 
the  people  subject  to  all  the  rules,  regulations  and  restrictions  of 
other  stockholders  in  such  company:  Provided,  that  the  counties,  in 
the  manner  aforesaid,  shall  subscribe  from  time  to  time  such  amounts, 
either  in  bonds  or  money,  as  they  may  think  proper. 

Code,  s.  1997;  1868-9,  c.  171,  s.  2. 

2560.  Election  for,  held.  All  elections  ordered  under  the  pre- 
ceding section  shall  be  held  by  the  sheriff  undei*  the  laws  and  regu- 
lations provided  for  the  election  of  members  of  the  general  assembly. 
The  votes  shall  be  compared  by  the  boards  of  county  commissioners 
who  shall  make  a  record  of  the  same. 

Code,  s.  1998;  1868-9,  c.  171,  s.  3. 

2561.  How  interest  on  bonds  paid.  In  case  the  county  shall  sub- 
scribe the  amount  proposed  in  bonds,  the  board  of  commissioners 
shall  have  power  to  fijx  the  rate  of  interest,  not  to  exceed  the  rate  of  six 
per  cent,  when  the  principal  on  said  bonds  shall  be  payable,  and  at 
what  place,  and  shall  also  fix  the  time  and  places  of  paying  the  inter- 
est, and  shall  also  determine  the  mode  and  manner  of  paying  the 

50 


EEGISTEK  OF  DEEDS,  ETC. 

same;  and  also  to  raise  by  taxation,  from  year  to  year,  the  amount 
necessary  to  meet  the  interest  on  said  bonds. 

Code,  s.  1999;  1868-9,  c.  171,  s.  4. 

2562.  How  taxes  for  bonds  collected.  The  taxes  authorized  by 
the  three  preceding  sections  to  be  raised  for  the  payment  of  interest 
or  principal,  shall  be  collected  by  the  sheriff  in  like  manner  as  other 
state  taxes,  and  be  paid  into  the  hands  of  the  county  treasurer,  to  be 
used  by  the  chairman  of  the  board  of  county  commissioners  as 
directed  by  this  chapter. 

Code,  s.  2000;  1868-9,  c.  171,  s.  5.  ~  ' 

Register  of  Deeds. 

2650.  Election  for.  In  each  county  there  shall  be  elected  bien- 
nially by  the  qualified  voters  thereof,  as  provided  for  the  election 
of  members  of  the  general  assembly,     '^     "^     *     a  regi'ster  of -deeds. 

Const.,  Art.  VII,  s.  1. 

State  Board  of  Elections — Compensation 

2760.  State  board  of  elections.  The  members  of  the  state  board 
of  elections  shall  receive  in  full  compensation  for  their  services  four 
dollars  per  day  for  the  time  they  are  actually  engaged  in  the  dis- 
charge of  their  duties,  together  with  their  actual  traveling  expenses, 
and  such  other  expenses  as  are  necessary  and  incident  to  the  dis- 
charge of  the  duties  imposed  by  the  law  relating  to  elections. 

1901,^  c.  89,  o.  7. 

Register  of  Deeds — Compensation. 

2776.  Register  of  deeds.  The  register  of  deeds  shall  be  allowed, 
while  and  when  acting  as  clerk  to  the  board  of  commissioners,  such 
per  diem  as  such  board  may  respectively  allow,  not  exceeding  two 
dollars ;  and  shall  be  allowed  the  following  fees  for  his  services  as 
register  of  deeds: 

For  registering  any  deed  or  other  Avriting  authorized  to  be  regis- 
tered by  them,  with  certificate  of  probate  or  acknowledgment  and 
private  examination  of  a  married  woman,  containing  not  more  than 
three  copy-sheets,  eighty  cents;  and  for  every  additional  copy-sheet, 
ten  cents. 

Registering  chattel  mortgage,  statutory  form,  twenty  cents. 

Registering  short  form  of  lien  bond,  or  lien  bond  and  chattel  mort- 
gage combined,  fifty  cents  in  the  counties  of  Davidson,  Franklin, 
Halifax,  Lenoir,  Northampton,  Scotland  and  Union;  twenty  cents 
in  the  counties  of  Anson,  Chatham,  Columbus,  Cleveland,  Iredell, 
Johnston,   and  Mecklenburg;   and  thirty  cents  in  the  counties  of 

51 


COMPEJs^SATIOK 

Alamance,  Alleghany,  Ashe,  Beaufort,  Bladen,  Brunswick,  Bun- 
combe, Burke,  Carteret,  Caswell,  Catawba,  Chowan,  Craven,  Cum- 
berland, Davie,  Duplin,  Durham,  Edgecombe,  Forsyth,  Gaston, 
Gates,  Granville,  Harnett,  Hertford,  Jones,  Lincoln,  Martin,  Mc- 
Dowell, Moore,  N'ash,  'New  Hanover,  Onslow,  Pender,  Perquimans, 
Person,  Pitt,  Polk,  Richmond,  Robeson,  Rockingham,  Rowan,  Ruth- 
erford, Sampson,  Vance,  Washington,  Watauga,  Wayne  and  Wilson. 

For  comparing  and  certifying  a  copy  of  any  instrument  filed  for 
registration,  when  the  copy  is  furnished  by  the  party  filing  the  in- 
strument for  registration  and  at  the  time  of  filing,  one  dollar. 

For*a  copy  of  any  record  or  any  paper  in  their  offices,  like  fees 
as  for  registering  the  same. 

For  issuing  each  notice  required  by  the  county  commissioners, 
including  supoenas  for  witnesses,  fifteen  cents.  This  shall  not  in- 
clude county  orders  issued  on  the  treasury. 

Recording  and  issuing  each  order  of  commissioners,  ten  cents. 
Where  a  standing  order  is  made  for  the  payment  of  money,  monthly 
or. otherwise,  there  shall  be  charged  but  one  fee  therefor. 

Making  out  original  tax  list,  two  cents  for  each  name  thereon; 
for  each  name  on  each  copy  required  to  be  made,  two  cents. 

Issuing  marriage  license,  one  dollar. 

For  transcript  and  certificate  of  limited  partnership,  fifty  cents. 

For  recording  the  election  returns  from  the  various  voting  pre- 
cincts, ten  cents  per  copy-sheet,  to  be  paid  by  the  county. 

For  registering  conditional  sales  of  personal  property  in  [N'ash 
county  thirty-five  cents  on  the  first  three  hundred  words  and  ten 
cents  per  copy-sheet  on  the  excess  of  three  hundred  words. 

Code,  ss.  710,  3109,  3751;  1887,  c.  283;  189^,  c.  324;  1897,  cc.  27,  68;  1899, 
c.  17,  s.  2;  1899,  c.  247,  s.  3;  1899,  cc.  261,  578,  723;  1901,  c.  294;  1903,  c.  792; 
1899,  c.  302;  1905,  cc.  226,  319,  392. 

Note.     For  fees  in  relation  to  strays,  see  Strays. 

For  registering  affidavits  of  sales  for  taxes,  see  s.  2904. 

For  short  form  of  lien  bond,  see  s.  2055. 

For  salary  of  register  of  deeds  of  Guilford  county,  see  1905,  c.  275. 

For  fees  of  register  of  deeds  of  Mecklenburg  county,  see  1905,  c.  829,  s.  2. 

Election  Officers — Compensation. 

2784.  Election  officers.  The  registrar  shall  receive  three  cents 
for  each  name  registered  in  the  new  registration  when  ordered,  and 
thereafter  in  the  revision  of  the  registration  book,  he  shall  receive  one 
cent  for  each  name  copied  from  the  original  registration  book.  Each 
chairman  of  the  county  board  of  elections  shall  be  allowed  one  dollar 
per  day  for  the  time  actually  employed,  and  five  cents  per  mile  for 
distance  traveled,  for  making  the  returns  for  senators,  and  each 
sheriff  shall  receive  thirty  cents  for  each  notice  he  is  r.equired  to 
serve  under   the  law   providing  for  holding  elections.      The   com- 

52 


SHERIFF,  COMMISSIOI^ERS,  ETC. 

pensation  allowed  officers  shall  be  paid  by  the  county  treasurer 
after  being  audited  by  the  board  of  county  commissioners.  Clerks 
and  registers  of  deeds  shall  also  be  allowed  the  usual  registra- 
tion fees  for  recording  the  election  returns,  to  be  paid  by  the 
county.  The  board  of  state  canvassers*  may  employ  two  clerks 
at  a  compensation  of  four  dollars  each  per  day,  during  the  ses- 
sion of  the  board  of  state  canvassers.  The  members  of  the  county 
board  of  elections  shall  each  be  allowed  one  dollar  per  day  for 
each  day  they  may  be  actually  employed  in  the  performance  of  their 
duties.  The  registrars  and  judges  of  election  shall  be  entitled  to 
such  compensation  as  may  be  fixed  by  the  board  of  commissioners 
of  their  county,  not  to  exceed  one  dollar  each  for  holding  the  elec- 
tion. The  election  constables  or  bailiffs  shall  be  entitled  to  one  dol- 
lar per  day  each ;  and  the  registrar  or  judge  of  election,  who  shall  act 
as  returning  officer,  shall  be  allowed  one  dollar,  payable  out  of  the 
county  treasury:  Provided,  that  the  registrars  shall  receive,  in  addi- 
tion to  the  compensation  herein  allowed  for  each  name  registered, 
the  sum  of  one  dollar  per  day  for  each  Saturday  during  the  period 
of  registration,  and  on  which  they  attend  at  the  several  polling 
])laces  for  the  purpose  of  registering  voters  or  receiving  and  hearing 
challenges:  Provided  further,  that  in  addition  to  the  compensation 
herein  allowed  the  several  election  officers  it  shall  be  lawful  for  the 
county  commissioners  to  pay  to  the  several  members  of  the  county 
board  of  elections  and  also  to  the  several  registrars  such  additional 
compensation  as  may  be  by  them  considered  just  and  fair. 

1901,  c.  89,  s.  62;  1905,  c.  434. 

Sheriff. 

2808.  Election  for.  In  each  county  a  sheriff  shall  be  elected  by 
the  qualified  voters  thereof,  as  is  prescribed  for  members  of  the 
general  assembly,  and  shall  hold  his  office  for  two  years. 

Const.,  Art.  IV,  s.  24. 

Town  Commissioners. 

2919.  Elected  biennially  by  qualified  voters.  The  board  of  com- 
missioners of  each  town  shall  be  biennially  elected  by  the  qualified 
voters  thereof,  at  the  time  and  in  the  manner  prescribed  by  law. 

Code,  s.  3787. 

Elections. 

2944.   How  far  this  chapter  applicable.   All  elections  held  in 

any  city  or  town  shall  be  held  under  the  following  rules  and  regu- 
lations, except  in  the  cities  of  Charlotte  and  Fayetteville,  and  in 
the  town  of  Shelby,  and  in  the  towns  in  the  counties  of  Bertie, 
Cabarrus,  Caldwell,  Catawba,  Chowan,  Columbus,  Davidson,  Edge- 

53 


ELECTIOI^S. 

combe,   Gaston,  Harnett,   Lenoir,   Mitchell,  N'ash,  Pitt,  Eandolph, 
Robeson,  Stokes,  Surry,  Vance,  W^J^^  and  Wilson. 
1901,  c.  750,  ss.  1,  21;  1903,  cc.  184,  218,  626,  769,  777. 

2945.  When  election  field.  In  all  cities  and  towns  an  election 
shall  be  held  on  Tuesday  after  the  first  Monday  of  May,  one  thou- 
sand nine  hundred  and  five,  and  biennially  thereafter. 

1901,  c.  750,  s.  19. 

2946.  Polling  places.  There  shall  be  at  least  one  polling  place 
in  each  ward  in  the  town  or  city,  if  the  said  town  or  city  is  divided 
into  wards;  and  if  not  divided  into  wards,  then  there  shall  be  as 
many  polling  places  as  may  be  established  by  the  governing  body 
of  said  town  or  city. 

1901,  c.  750,  s.  2. 

2947.  Registrars   appointed;   public   notified;   vacancy.   The 

board  of  commissioners  shall  select,  at  least  thirty  days  before  any 
city  or  town  election,  one  person  for  each  election  precinct,  who  shall 
act  as  registrar  of  voters  for  such  precinct;  and  shall  make  publica- 
tion of  the  names  of  the  persons  so  selected,  and  of  the  time  of  the 
election,  at  the  town  or  city  hall,  or  at  the  usual  place  of  holding 
the  mayor's  court,  immediately  after  such  appointment,  and  shall 
cause  a  notice  to  be  served  upon  the  registrars  by  the  sheriff  of 
the  county  or  the  township  constable.  If  any  registrar  shall  die 
or  neglect  to  perform  his  duties,  said  governing  body  may  appoint 
another  in  his  place. 

1901,  c.  750,  s.  5;  1903,  c.  613. 

2948.  Registrars  to  take  an  oath.  Before  entering  upon  the  du- 
ties of  his  ofiice  each  registrar  shall  take  an  oath  before  some  person 
authorized  by  law  to  administer  oaths  to  faithfully  perform  the 
duties  of  his  ofiice  as  registrar. 

1901,  c.  750,  s.  6. 

2949.  Registration  of  voters.  It  shall  be  the  duty  of  the  board 
of  commissioners  of  every  city  and  town  to  cause  a  registration  to 
be  made  of  all  the  qualified  voters  residing  therein,  under  the  rules 
and  regulations  prescribed  for  the  registration  of  voters  for  general 
elections.  And  where  there  has  been  a  registration  of  voters,  the 
board  of  commissioners  may,  in  its  discretion,  order  a  new  registra- 
tion of  voters ;  and  unless  such  new  registration  shall  be  ordered,  the 
election  shall  be  held  under  the  existing  registration,  with  such  revis- 
ion as  is  herein  provided. 

Code,  s.  3795;  .1901,  c.  750,  s.  3. 

54 


ELECTIONS. 

2950.  Notice  of  new  registration.  In  the  event  a  new  registra- 
tion is  ordered  the  hoard  of  commissioners  shall  give  thirty  days^ 
notice  thereof  by  advertisement  in  some  newspaper,  if  there  be  one 
published  in  the  town  or  city,  and  if  there  be  none  so  published,  then 
in  three  public  places  in  the  city  or  town. 

1901,  c.  750,  3.  4. 

2951.  Registration  books  revised.  Each  registrar  shall  be  fur- 
nished with  registration  books,  and  it  shall  be  his  duty  to  revise 
the  registration  book  of  his  precinct  in  such  manner  that  said  books 
shall  show  an  accurate  list  of  the  electors  previously  registered  in 
such  ward  or  precinct  and  still  residing  therein,  without  requiring 
such  electors  to  be  registered  anew. 

1901,  c.  750,  s.  6. 

2952.  When  registration  books  opened  and  closed;  who  may 

register.  Each  registrar  shall^  between  the  hours  of  nine  o'clock 
a.  m.  and  five  o'clock  p.  m.  on  each  day  (Sunday  excepted)  for  seven 
days  preceding  the  day  for  closing  the  registration  books,  as  herein- 
after provided,  keep  open  said  books  for  the  registration  of  any  new 
electors  residing  in  the  precinct,  and  entitled  to  register,  whose 
names  have  never  before  been  registered  in  such  precinct^  or  do 
not  appear  in  the  revised  list.  Such  books  shall  be  open  until  nine 
o'clock  p.  m.  of  each  Saturday  during  such  registration  period  and 
shall  be  closed  for  registration  on  the  second  Saturday  before  each 
election. 

1901,  c.  750,  s.  6. 

2953.  Registration  on  election  day.   No  registration  shall  be 

allowed  on  the  day  of  election,  but  if  any  person  shall  give  satisfac- 
tory evidence  to  the  registrar  and  judges  of  election  that  he  has 
become  of  the  age  of  twenty-one  years  or  otherwise  has  become  quali- 
fied to  register  and  vote  since  the  registration  books  were  cjosed  for 
registration,  he  shall  be  allowed  to  register  and  vote. 

1901,  c.  750,  s.  8. 

2954.  Vacancies  on  election  day.  If  any  vacancy  shall  occur 
on  the  day  of  election  in  the  office  of  registrar,  the  same  shall  be 
filled  by  the  judges  of  election,  and  if  any  vacancy  shall  occur  on 
that  day  in  the  office  of  judge  the  same  shall  be  filled  by  the  regis- 
trar; vacancies  occurring  at  any  other  time  shall  be  filled  by  the 
board  of  commissioners. 

1901,  c.  750,  s.  20. 

2955.  When  books  open  for  challenge.  On  the  second  Saturday 

before  the  election  the  registration  books  shall  be  kept  open  at  the 

55 


ELECTIONS. 

polling  place  in  the  precinct  for  the  inspection  of  the  electors  of  the 
precinct,  and  any  of  such  electors  shall  be  allowed  to  object  to  the 
name  of  any  person  appearing  on  said  books. 
1901,  c.  750,  s.  7. 

2956.  Practice  in  challenges.  When  a  person  is  challenged  the 
registrar  shall  enter  upon  his  books  opposite  the  name  of  the  per- 
son objected  to  the  word  ^^Challenged/'  and  the  registrar  shall  ap- 
point a  time  and  place,  on  or  before  the  Monday  immediately  pre- 
ceding election  day,  when  he,  together  with  the  judges  of  election, 
shall  hear  and  decide  the  objection,  giving  personal  notice  to  the 
voter  so  objected  to;  and  if  for  any  cause,  personal  notice  can  not 
be  given,  then  it  shall  be  sufficient  to  leave  a  copy  thereof  at  his 
residence.  If  any  person  challenged  shall  be  found  not  duly  quali- 
fied, the  registrar  shall  erase  his  name  from  the  books.  They  shall 
hear  and  determine  the  cause  of  challenge  under  the  rules  and  regu- 
lations prescribed  by  the  general  law  regulating  elections  for  mem- 
bers of  the  general  assembly. 

1901,  c.  750,  ss.  7,  9. 

2957.  Registration  books,  where  deposited.  Immediately  after 

any  election  the  registrars  shall  deposit  the  registration  books  for  the 
respective  precincts  with  the  board  of  commissioners. 
1901,  c.  750,  s.  11. 

2958.  Judges  of  election  appointed;  oath  of.  Tlie  board  of  com- 
missioners shall  appoint,  at  least  thirty  days  before  any  city  or  town 
election,  two  judges  of  election,  who  shall  be  of  different  political 
parties  where  possible,  and  shall  be  men  of  good  character,  able  to 
read  and  write,  at  each  place  of  holding  election  in  said  city  or 
town,  who,  before  entering  upon  the  discharge  of  their  duties,  shall 
take  an  oath,  before  some  person  authorized  by  law  to  administer 
oaths,  to  conduct  the  election  fairl;^  and  impartially,  according  to 
the  constitution  and  laws  of  the  state. 

1901,  c.  750,  s.  7. 

2959.  Judges  superintend  election;  poll  books.  The  judges  of 

election  shall  open  the  polls  and  superintend  the  same  until  the  close 
of  election ;  they  shall  keep  poll  books  in  which  shall  be  entered  the 
name  of  every  person  who  shall  vote,  and  at  the  close  of  the  election 
they  shall  certify  the  same  over  their  proper  signatures  and  deposit 
them  with  the  board  of  commissioners. 
1901,  c.  750,  s.  7. 

2960.  When  polls  open  and  close.  The  polls  shall  be  open  on 
the  day  of  election  from  eight  o'clock  a.  m.  till  sunset,  and  no  longer ; 

56 


ELECTIOiS^S. 

and  each  person  whose  name  may  be  registered  shall  be  entitled  to 
vote. 

1901,  c.  750.  s.  10. 

2961.  Who  may  vote.  All  qualified  electors  who  shall  have  re- 
s;'ded  for  four  months  immediately  preceding  an  election  within 
the  limits  of  any  voting  precinct  of  a  city  or  town,  and  not  otherwise, 
shall  have  the  right  to  vote  in  such  precinct  for  mayor  and  other 
city  or  town  officers. 

1901,  c.  750,  s.  9. 

2962.  Ballots  and  ballot  boxes.  All  ballots  shall  be  printed  or 
written  upon  white  paper  and  shall  be  of  the  same  size,  without 
device,  mutilation  or  ornamentation,  the  size  of  ballots  to  be  fixed 
by  board  of  commissioners  at  the  same  meeting  the  registrar  is 
appointed.  The  governing  body  of  the  city  or  town  shall  provide 
for  each  election  precinct  in  their  respective  cities  or  towns  neces- 
sary ballot  boxes  in  which  to  deposit  the  ballots;  each  of  such  boxes 
shall  have  an  opening  through  the  lid  to  admit  a  single  folded  ballot, 
and  no  more.  The  ballot  boxes  shall  be  kept  by  the  judges  of  elec- 
tion for  the  use  of  the  election  precincts  respectively;  and  the  regis- 
trar and  judges  of  election,  before  the  voting  begins,  shall  carefully 
examine  the  ballot  boxes  and  see  that  there  is  nothing  in  them,  and 
they  shall  be  sealed  or  securely  fastened  and  not  be  opened  until  the 
polls  are  closed. 

1901,  c.  750,  s.  12;  1903,  c.  613,  s.  2. 

2963.  Ballots  counted;  result  declared;  void  ballots.  When  the 

election  shall  be  finished  the  registrar  and  judges  of  election  shall 
open  the  boxes  and  count  the  ballots,  reading  aloud  the  names  of 
the  persons  which  shall  appear  on  each  ballot;  and  if  there  shall  be 
two  or  more  ballots  rolled  up  together,  or  any  ballot  shall  contain  the 
names  of  more  persons  than  the  elector  has  the  right  to  vote  for, 
or  shall  have  a  device  or  ornament  upon  it,  in  either  of  these  cases 
such  ballots  shall  not  be  numbered  in  taking  the  ballots,  but  shall  be 
void ;  and  the  counting  of  votes  shall  be  continued  without  adjourn- 
ment until  completed,  and  the  result  thereof  declared. 

]901,  c.  750,  s.  13. 

2964.  Board  of  canvassers;  original  returns.  The  registrar  and 

judges  of  election  in  each  voting  precinct  shall  appoint  one  of  their 
number  to  attend  the  meeting  of  the  board  of  canvassers  as  a  mem- 
ber thereof,  and  shall  deliver  to  the  member  who  shall  have  been 
so  appointed  the  original  returns  of  the  result  of  the  election  in 
such  precinct ;  and  the  members  of  the  board  of  canvassers  who  shall 

57 


COMMISSIONEE  OF  AGEICULTUEE. 

have  been  so  appointed  shall  attend  the  meeting  of  the  board  of  can- 
vassers, and  shall  constitute  the  board  of  town  canvassers  for  such 
election,  and  a  majority  of  them  shall  constitute  a  quorum.  In  towns 
where  there  is  only  one  voting  precinct,  the  registrar  and  judges  of 
election  shall,  at  the  close  of  the  election,  declare  the  result  thereof. 
1901,  c.  750,  ss.  13,  14. 

2965.  When  and  where  board  meets;  oath.  The  board  of  can- 
vassers shall  meet  on  the  next  day  after  the  election  at  twelve  o'clock 
m.,  at  the  mayor's  office,  and  they  shall  each  take  the  oath  prescribed 
in  the  general  law  governing  elections  for  members  of  the  board 
of  county  canvassers. 

1901,  c.  750,  s.  15. 

2966.  Board  determines  result;  tie  vote.  The  board  of  can- 
vassers shall,  at  their  meeting,  in  the  presence  of  such  electors  as 
choose  to  attend,  open,  canvass  and  judicially  determine  the  result, 
and  shall  make  abstracts,  stating  the  number  of  legal  ballots  cast 
in  each  precinct  for  each  office,  the  name  of  each  person  voted  for 
and  the  number  of  votes  given  to  each  person  for  each  different 
office,  and  shall  sign  the  same.  It  shall  have  power  and  authority 
to  judicially  pass  upon  all  the  votes  relative  to  the  election  and 
judicially  determine  and  declare  the  result  of  the  same,  and  shall 
have  power  and  authority  to  send  for  papers  and  persons  and  exam- 
ine the  latter  upon  oath;  and  in  case  of  a  tie  between  two  opposing 
candidates,  the  result  shall  be  determined  by  lot.  In  all  other 
respects  all  elections  held  in  any  town  or  city  shall  be  conducted  as 
prescribed  for  the  election  of  members  of  the  general  assembly. 

1901,  c.  750,  ss.  16,  17. 

2967.  Notice  of  special  election.  'No  special  election  shall  be 
held  for  any  purpose  in  any  county,  township,  city  or  town  unless 
at  least  thirty  days'  notice  shall  have  been  given  of  the  same  by 
advertisement  in  some  newspaper  published  in  said  county,  city  or 
town,  or  by  advertisement  posted  at  the  courthouse  of  the  county 
and  four  other  public  places  in  such  county,  city  or  town. 

1901,  c.  750,  s.  24. 

Commissioner  of  Agriculture. 

3938.  Election  of;  vacancy.  The  commissioner  of  agriculture 
shall  be  elected  at  the  general  election  for  other  state  officers,  shall 
be  voted  for  on  the  same  ballot  with  such  officers,  and  his  term  of 
office  shall  be  four  years,  and  until  his  successor  is  elected  and  quali- 
fied.    Any  vacancy  in  the  office  of  such  commissioner  shall  be  filled 

58 


SPECIAL  SCHOOL  TAX. 

by  the  governor,  the  appointee  to  hold  until  the  next  regular  election 
to  the  office  and  the  qualification  of  his  successor. 
1901,  c.  479,  s.  4. 

Special  School  Tax. 

4113.  Special  tax  may  be  voted  for  high  schools.  In  any  town- 
ship, upon  petition  of  one-fourth  of  the  freeholders  of  the  tov^nship, 
approved  by  the  county  board  of  education,  the  board  of  county  com- 
missioners, after  thirty  days'  notice  at  the  courthouse  door  and  three 
public  places  in  the  township,  shall  hold  an  election  to  ascertain  the 
will  of  the  people  within  the  township  whether  there  shall  be  levied 
in  said  township  a  special  annual  tax  of  not  less  than  ten  cents  nor 
more  than  thirty  cents  on  the  one  hundred  dollars  valuation  of  prop- 
erty and  not  less  than  thirty  cents  nor  more  than  ninety  cents  on 
each  poll,  in  addition  to  all  other  taxes  levied  for  all  other  purposes, 
to  be  used  for  the  establishment  of  a  central  high  school  or  high 
schools  in  said  township  in  case  such  special  tax  is  voted.  The  board 
of  county  commissioners  shall  appoint  a  registrar  and  order  a  new 
registration  for  said  township,  and  said  election  shall  be  held  in  the 
said  township  under  the  law  governing  general  elections  as  nearly 
as  may  be,  and  the  expenses  of  such  election  shall  be  paid  out  of  the 
general  county  school  fund.  At  said  election  those  who  are  in  favor 
of  the  levy  and  collection  of  said  tax  shall  vote  a  ticket  on  which 
shall  be  printed  or  written  the  words  ^Tor  High  School  Tax,"  and 
those  who  are  opposed  shall  vote  a  ticket  on  which  shall  be  printed  or 
written  the  words  ^^ Against  High  School  Tax."  In  case  a  majority 
of  the  qualified  voters  at  said  election  are  in  favor  of  said  tax,  then 
so  much  of  the  tax  on  property  and  polls  herein  provided  for  as  in 
the  judgment  of  the  committee  may  be  necessary  shall  be  annually 
levied  and  collected  in  the  manner  prescribed  for  the  levy  and  col- 
lection of  other  taxes.  All  moneys  levied  under  the  provisions  of 
this  section  shall,  upon  collection,  be  placed  by  the  treasurer  of  the 
county  school  fund  to  the  credit  of  the  township  high  school  commit- 
tee, composed  of  three  members,  appointed  by  the  county  board  of 
education,  and  shall  be  expended  exclusively  by  said  committee  in 
establishing  and  maintaining  one  or  more  high  schools  in  said  town- 
ship under  such  rules  and  regulations  as  to  its  conduct  and  such 
course  or  courses  of  study  as  shall  be  prescribed  by  the  state  super- 
intendent of  public  instruction.  The  powers,  duties  and  qualifica- 
tions of  the  committeemen  provided  for  in  this  section  shall  be  simi- 
lar to  those  of  other  school  committeemen  and  they  shall  have  the 
same  power  to  apportion  the  funds  so  raised  as  is  conferred  upon  the 
county  board  of  education  for  apportionment  of  the  general  fund 
among  the  schools  of  the  township.  And  the  provisions  of  this  sec- 
tion shall  not  be  so  construed  as  to  prevent  the  teaching  of  the  ele- 

59 


SPECIAL  SCHOOL  TAX. 

mentarj  branches  in  such  high  schools  as  may  be  established,  nor  so 
construed  as  to  prevent  the  county  board  of  education  from  making 
such  apportionment  of  public  school  funds  to  such  high  schools  as  they 
may  deem  equitable  and  just:  Provided,  that  township  high  schools 
may  also  be  established  without  the  levying  of  a  special  high  school 
township  tax  where  the  public  funds  are  sufficient  for  that  purpose, 
under  such  rules  and  regulations  as  to  organization  and  course  of  study 
as  the  state  superintendent  of  public  instruction  shall  prescribe: 
Provided  further,  that  high  school  subjects  may  be  taught  in  all  pub- 
lic schools  employing  more  than  one  teacher,  according  to  such  rulfes 
and  regulations  as  to  organization  and  course  of  study  as  shall  be 
prescribed  by  the  state  superintendent  of  public  instruction,  where 
the  public  funds  are  sufficient  to  provide  for  such  teaching,  but  the 
high  school  branches  taught  in  such  schools  shall  not  interfere  with 
the  thorough  teaching  of  the  elementary  branches. 

1905,  c.  533,  s.  13. 

4114.  Special  tax  may  be  voted  in  cities  and  towns,  in  every 

incorporated  city  or  town  in  which  there  is  not  now  levied  a  special 
tax  for  schools,  upon  a  petition  signed  by  one-fourth  of  the  free- 
holders therein,  the  board  of  aldermen  or  town  commissioners  of 
such  city  or  town  shall,  at  the  date  of  the  municipal  or  general  elec- 
tion next  ensuing  upon  the  presentation  of  such  petition,  order  an 
election  to  be  held  to  ascertain  the  will  of  the  people  whether  there 
shall  be  levied  in  such  city  or  town  a  special  annual  tax,  of  not 
more  than  thirty  cents  on  the  one  hundred  dollars  valuation  of  prop- 
erty and  ninety  cents  on  the  poll,  to  supplement  the  public  school 
fund  in  such  city  or  town.  Such  election  shall  be  held  in  the  differ- 
ent election  precincts  or  wards  under  the  law  governing  municipal 
or  general  elections  in  such  cities  or  towns.  At  such  election  those 
who  are  in  favor  of  the  levy  and  collection  of  the  tax  shall  vote  a 
ticket  on  which  shall  be  printed  or  written  the  words  ^Tor  Special 
Tax,"  and  those  who  are  opposed  shall  vote  a  ticket  on  which  shall 
be  printed  or  written  the  words  ^^Against  Special  Tax."  In  case  a 
majority  of  the  qualified  voters  at  such  election  is  in  favor  of  the 
tax  the  same  shall  be  annually  levied  and  collected  in  such  to^vn  or 
city  in  the  manner  prescribed  for  the  levy  and  collection  of  other 
city  or  town  taxes.  All  moneys  levied  under  the  provisions  of  this 
section  shall,  upon  collection,  be  placed  to  the  credit  of  a  city  or 
town  school  -committee,  composed  of  not  less  than  five  nor  more  than 
seven  members,  to  be  appointed  by  the  board  of  aldermen  or  town 
commissioners  for  such  city  or  town,  and  shall  be,  by  such  commit- 
tee, expended  exclusively  upon  the  public  schools  in  such  city  or 
town ;  and  there  shall  be  but  one  school  district  in  such  city  or  town 
in  which  there  may  be  established  one  or  more  schools  for  each 

60    . 


COUNTY  BOARD  OF  EDUCATIOK 

race,  and  such  school  committee  shall  apportion  the  money  among 
the  schools  in  such  manner  as  in  its  judgment  will  equalize  school 
facilities. 
1901,  c.  4,  s.  71. 

4115.   Special  tax  may  be  voted  in  special  school  districts. 

Special  school  tax  districts  may  be  formed  by  the  county  board  of 
education  in  any  county  without  regard  to  township  lines  under  the 
following  conditions:  Upon  a  petition  of  one-fourth  of  the  free- 
holders within  the  proposed  special  school  district,  endorsed  by 
the  county  board  of  education,  the  board  of  county  commissioners, 
after  thirty  days'  notice  at  the  courthouse  door  and  three  public 
places  in  the  proposed  district,  shall  hold  an  election  to  ascertain  the 
will  of  the  people  within  the  proposed  special  school  district  whether 
there  shall  be  levied  in  such  district  a  special  annual  tax  of  not  more 
than  thirty  cents  on  the  one  hundred  dollars  valuation  of  property 
and  ninety  cents  on  the  poll  to  supplement  the  public  school  fund, 
which  may  be  apportioned  to  such  district  by  the  county  board  of 
education,  in  case  such  special  tax  is  voted.  The  board  of  county 
commissioners  shall  appoint  a  registrar  and  order  a  new  registra- 
tion for  such  district  and  the  election  shall  be  held  in  the  district 
under  the  law  governing  general  elections  as  near  as  may  be:  Pro- 
vided, the  expense  of  holding  said  election  shall  be  paid  out  of 
the  general  school  fund  of  the  county.  At  such  election  those  who 
are  in  favor  of  the  levy  and  collection  of  the  tax  shall  vote  a 
ticket  on  w^hich  shall  be  printed  or  written  the  words  ^Tor  Spe- 
cial Tax,''  and  those  who  are  opposed  shall  vote  a  ticket  on  which 
shall  be  printed  or  written  the  words  ^^ Against  Special  Tax."  In 
case  a  majority  of  the  qualified  voters  at  the  election  is  in  favor 
of  the  tax,  the  same  shall  be  annually  levied  and  collected  in  the 
manner  prescribed  for  the  levy  and  collection  of  other  taxes.  All 
money  levied  under  the  provisions  of  this  section  shall,  upon  collec- 
tion, be  placed  to  the  credit  of  the  school  committee  in  such  dis- 
trict, which  committee  shall  be  appointed  by  the  county  board  of 
education ;  and  such  school  committee  shall  apportion  the  money 
among  the  schools  in  such  district  in  such  manner  as  in  its  judgment 
shall  equalize  school  facilities. 

1901,  c.  4,  s.  72;  1903,  c.  435,  s.  24;  1905,  c.  533,  s.  14. 

CouiMTY  Board  of  Education. 

4119.  Election  of;  vacancies  in,  how  filled.  The  general  assem- 
bly shall  biennially  appoint  three  men  in  each  county,  of  good  busi- 
ness qualifications  and  known  to  be  in  favor  of  public  education, 
who  shall  constitute  the  county  board  of  education.  The  term  of 
office  of  the  members  of  the  county  board  of  education  so  appointed 

61 


COUNTY  SUPEKi:^[TENDENT,  ETC. 

shall  begin  on  the  first  Monday  in  July  next  succeeding  their  ap- 
pointment, and  shall  continue  for  two  years  and  until  their  succes- 
sors are  duly  appointed  and  qualified.  In  case  of  a  vacancy  in  the 
county  board  of  education  by  death,  resignation  or  otherwise,  such 
vacancy  shall  be  filled  by  the  remaining  members  of  such  county 
board;  but  if  such  vacancy  should  remain  unfilled  for  thirty  days 
after  it  occurs,  it  shall  be  filled  by  the  state  board  of  education. 
Upon  failure  of  the  general  assembly  to  appoint  the  three  mem- 
bers of  the  county  board  of  education  for  any  county  as  herein  pro- 
vided, or  any  one  or  more  of  such  members,  such  failure  shall  con- 
stitute a  vacancy  which  shall  be  filled  by  the  state  board  of  educa- 
tion: Provided,  no  person  while  actually  engaged  in  teaching  in 
the  public  schools  shall  be  eligible  as  a  member  of  the  county  board 
of  education. 

1901,  c.  4,  s.  12;  1903,  c.  269,  c.  435,  s.  3;  1905,  c.  533,  s.  3. 

County  Superintendent. 

4135.  Election,  qualification  and  term  of  office;  vacancy.  The 

county  board  of  education  on  the  first  Monday  in  July,  one  thou- 
sand nine  Imndred  and  five  and  biennially  thereafter,  shall  elect  a 
county  superintendent  of  public  instruction,  who  shall  be,  at  the 
time  "of  his  election,  a  practical  teacher,  or  who  shall  have  had  at 
least  two  years'  experience  in  teaching  school,  and  who  also  shall 
be  a  man  of  liberal  education  and  shall  otherwise  be  qualified  to 
discharge  the  duties  of  his  office  as  required  by  law,  due  regard 
being  given  to  experience  in  teaching.  Such  superintendent  must 
be  of  good  moral  character  and  shall  hold  his  office  for  a  term  of 
two  years  from  the  date  of  his  election  and  until  his  successor  is 
elected  and  qualified.  Any  person  who  has  filled  the  office  of  county 
superintendent  for  four  years  next  preceding  the  eleventh  day  of 
March,  one  thousand  nine  hundred  and  one,  shall  be  eligible  to 
such  office  in  Bertie  and  Bladen  and  Columbus  counties,  if  the 
election  of  such  person  meets  the  approval  of  the  state  board  of 
education.  In  case  of  vacancy  by  death,  resignation,  or  otherwise, 
in  the  office  of  county  superintendent  such  vacancy  shall  be  filled  by 
the  county  board  of  education. 

1901,  c.  4,  s.  16;  1903,  c.  435,  s.  5. 

Contests. 

4406.  Notice  of,  given,  l^o  person  shall  be  allowed  to  contest  the 
seat  of  any  member  of  the  general  assembly  unless  he  shall  have 
given  to  the  member  thirty  days'  notice  thereof  in  writing,  prior 
to  the  meeting  of  the  general  assembly,  which  must  state  the  particu- 
lar grounds  of  such  contest.     If  the  seat  is  contested  on  account  of 

62 


EXECUTIVE  OFEICEKS. 

the  reception  of  illegal  votes,  the  notice  must  set  forth  the  number 
of  such  votes,  by  whom  given,  and  the  supposed  disqualifications; 
and  if  the  same  is  contested  on  account  of  the  rejection  of  legal 
votes,  the  notice  must  give  the  names  of  the  persons  whose  votes 
were  rejected.  ISTo  evidence  shall  be  admitted  to  show  that  the  (con- 
testant received  illegal  votes,  unless  he  shall  also  have  been  notified 
the  same  number  of  days,  and  in  the  same  manner.  The  same  notice 
of  time  and  place  required  in  taking  depositions  shall  be  required 
and  proved  on  the  investigation. 

Code,  s.  2850;  1893,  c.  192;  R.  C,  c.  52,  s.  31;  1796,  c.  466,  s.  1. 

4407.  Depositions  in,  taken,  how;  penalty  on  witnesses;  what 

witness  must  testify  to.  Any  justice  of  the  peace,  or  any  person 
duly  authorized  to  take  depositions  to  be  read  before  courts,  may 
take  depositions  to  be  used  on  the  investigation,  and  may  issue 
subpoenas  for  witnesses,  which  shall  be  executed  by  any  officer 
authorized  to  execute  process.  And  if  any  witness  shall  fail  to  ap- 
pear and  give  his  deposition  according  to  the  subpoena,  he  shall  for- 
feit and  pay  to  the  party  causing  him  to  be  summoned,  forty  dol- 
lars. And  on  such  investigation  no  witness  in  this,  or  in  the  case 
of  any  other  contested  election,  shall  be  excused  from  discovering 
whether  he  voted  at  such  election,  or  his  qualification  to  vote,  except 
as  to  his  conviction  for  any  offense  which  would  disqualify  him. 
And  if  he  was  not  a  qualified  voter,  he  shall  be  compelled  to  discover 
for  whom  he  voted;  but  any  witness  making  such  discovery  shall 
not  be  subject  to  criminal  or  penal  prosecution  for  having  voted  at 
such  election. 

Code,  s.  2851;  R.  C,  c.  52,  s.  32;  1800,  c.  557,  s.  1;   1868-9,  c.  270,  s.  12. 

Executive  Officers. 

5326.  Election;  commencement  and  duration  of  term  of  office; 

induction  into  office.  The  executive  department  shall  consist  of  a 
governor,  a  lieutenant  governor,  a  secretary  of  state,  an  auditor,  a 
treasurer,  a  superintendent  of  public  instruction,  and  an  attorney  gen- 
eral, who.  shall  be  elected  for  a  term  of  four  years  by  the  qualified 
electors  of  the  state,  at  the  same  time  and  places  and  in  the  same 
manner  as  members  of  the  general  assembly  are  elected.  Their 
term  of  office  shall  commence  on  the  first  day  of  January  next  after 
their  election  and  continue  until  their  successors  are  elected  and 
qualified.  The  return  of  every  election  for  officers  of  the  executive 
department  shall  be  sealed  up  and  transmitted  to  the  seat  of  govern- 
ment by  the  returning  officers,  directed  to  the  speaker  of  the  house 
of  representatives,  who  shall  open  and  publish  the  same  in  the  pres- 
ence of  a  majority  of  the  members  of  both  houses  of  the  general 
assembly.     The  persons  having  the  highest  number  of  votes  respect- 

63 


EXECUTIVE  OFFICERS. 

ively  shall  be  declared  duly  elected;  but  if  two  or  more  be  equal 
and  highest  in  votes  for  the  same  office,  then  one  of  them  shall  be 
chosen  by  joint  ballot  of  both  houses  of  the  general  assembly.  Con- 
tested elections  shall  be  determined  by  a  joint  ballot  of  both  houses 
of  the  general  assembly  in  such  manner  as  shall  be  prescribed  by 
law.  On  the  first  Tuesday,  after  the  convening  of  the  general  as- 
sembly, following  the  election  of  any  or  all  state  officers  of  the  execu- 
tive department  and  of  the  commissioner  of  agTiculture  and  the 
commissioner  of  labor  and  printing,  there  shall  be  a  joint  session 
of  the  house  of  representatives  and  senate  in  the  hall  of  the  house  of 
representatives,  at  eleven  o'clock  in  the  forenoon,  when  and  where 
the  speaker  of  the  house  of  representatives  shall  proceed,  in  compli- 
ance with  the  provisions  of  the  constitution  above  set  forth,  to  open 
and  publish  the  vote  for  governor  and  other  officers  of  the  executive 
department  and  for  the  commissioner  of  agriculture  and  the  com- 
missioner of  labor  and  printing  cast  at  the  last  preceding  election, 
and  as  soon  as  the  result  of  the  election  shall  be  ascertained  and  pub- 
lished, as  provided  in  this  section,  the  person  so  ascertained  and  pub- 
lished to  be  elected  governor  at  such  election  shall,  in  the  presence 
of  the  joint  session  of  the  two  houses  of  the  general  assembly,  held 
as  herein  provided,  take  the  oath  of  office  prescribed  by  law  and  be 
immediately  inducted  into  the  office  of  governor.  Should  the  gov- 
ernor-elect not  be  present  at  such  joint  session,  then  he  may,  as  soon 
thereafter  as  he  may  deem  proper,  take  the  oath  of  office  before  some 
justice  of  the  supreme  or  judge  of  the  superior  court  and  be  inducted 
into  office.  As  soon  as  the  result  of  such  election  as  to  other  officers 
of  the  executive  department  named  in  article  three,  section  one,  of  the 
constitution,  and  as  to  the  commissioner  of  agriculture  and  the  com- 
missioner of  labor  and  printing,  shall  be  ascertained  and  published  as 
provided  herein,  the  officers  elected  to  such  offices  shall,  as  soon  as 
may  be,  take  the  oath  of  office  prescribed  by  law  for  such  officers  and 
be  inducted  into  the  offices  to  which  they  have  been  elected. 
Const.,  Art.  Ill,  ss.  1,  3;  1897,  c.  1,  ss.  1,  2,  3. 


64 


INDEX. 


ELECTIONS. 

Definition.                                                                                          Section.  Page. 

Political  party  4292  3 

When  Held. 

State  officers 4293  8 

For  presidential  electors . 4294  3 

For  president  and  vice-president,  by  electors 4295  4 

County  officers,  solicitors  and  congressmen 4296  4 

Township  offices 4297  4 

Special  election  for  members  of  general  assembly 4298  5 

Vacancies  in  state  offices 4299  5 

State  Board. 

Appointed  by  the  governor  ;  term  of  office '.  4300  5 

When  to  meet ;  vacancies,  how  filled 4301  5 

Called  meetings  ;  authority  ;  quorum 4302  6 

County  Board. 

Consists  of  three  members  ;  when  appointed  ;  qualification,  4303  6 

When  to  meet 4304  6 

Polling  places  created,  altered  or  changed 4305  7 

Furnished  with  necessary  books  and  stationery 4306  7 

Appoints  registrars  and  judges  of  election 4307  7 

Appoint  registrars  ;  may  remove,  and  appoint  others 4308  7 

How  vacancies  filled 4309  8 

Removal  of  registrars  and  judges  of  election 4310  8 

Chairman  transmit  returns  by  mail,  when 4311  8 

Chairman  to  furnish  county  officers  certificate  of  election.  .  4312  9 

Where  chairmen  meet  in  senatorial  districts 4313  9 

Duty  of  senatorial  chairmen 4314  10 

Qualification  of  Voters. 

Who  may  not  vote 4315  11 

Who  may  vote 4316  11 

Voter  must  be  registered 4317  11 

Registration  of  Voters. 

Voter  must  be  able  to  read  and  write ;  exceptions 4318  12 

Qualifications  as  to  residence  for  voters ;  oath  to  be  taken,  4319  12 
Poll  tax  must  be  paid  before  person  can  vote ;  receipt  ex- 
hibited    4320  13 

Who  may  vote  without  paying  poll  tax 4321  13 

When  person  can  register  on  election  day 4322  14 

Registration  books  kept  open,  when;  registrar  to  take  oath,  4323  14 

Registration  books  deposited  with  register  of  deeds 4324  14 

Permanent  Registration. 

W^ho  entitled  to 4325  14 

Oaths  administered,  and  names  recorded 4326  15 

Registrar  must  return  list  of,  to  clerk  of  superior  court; 

the  records  in  a  book 4327  15 

5  65 


Permanent  Registration — Continued.  Section.  Page. 

Clerks  to  certify  list  to  secretary  of  state 4328  16 

Registrars  to  enter  names  on  books,  and  so  certify ;  clerk 

certifies  to  genuineness  ;  how  copy  obtained 4329  16 

Copy  obtained  from  secretai*y's  office,  when 4330  17 

Copy  of,  or  certificate  from,  evidence  of  voter's  rights 4331  17 

Voter  moving,  how  registered 4332  17 

Entitled  to  vote,  though  unable  to  read 4333  17 

Secretary  of  state  furnishes  necessary  blanks 4334  17 

Books  constitute  roll  in  secretary  of  state's  office 4335  18 

Judges. 

How  and  when  appointed 4336  18 

Names  published;  vacancies  filled;  qualify  before  acting.  .  4337  18 

Duties  of 4338  19 

Chat.t.enges. 

Registrar  attends  for,  when 4339  19 

How  heard 4340     ,     20 

How  Conducted. 

Special  elections 4341  20 

Polls,  how  opened  and  held 4342  21 

Voter  may  deposit  his  own  ballot 4343  21 

Size  of  ballots 4344  21 

What  ticket  to  contain 4345  22 

Ballot  boxes  ;  description  ;  how  provided 4346  22 

How  votes  counted 4347  22 

County  Board  of  Canvassers. 

How  members  appointed 4348  23 

When  to  meet ;  elect  chairman ;  how  sworn 4349  23 

Canvass  returns  ;  determine  result 4350  23 

What  returns  placed  on  same  abstract 4351  24 

Abstract  of  votes  for  offices,  except  county  and  township, 

where  sent 4352  24 

Abstracts  of  county  and  township  offices,  where  filed 4353  24 

Original  returns,  where  filed 4354  24 

Who  declared  elected 4355  25 

To  declare  result  of  election 4356  25 

State  Board  of  Canvassers. 

Who  constitutes 4357  25 

Duty  of 4358  25 

Abstracts  not  received,  duty  of.  ... 4359  26 

Estimate  votes  cast  for  officers  executive  department 4360  26 

To  declare  result ;  certificate  of  election,  how  issued 4361  26 

Secretary  of  state  to  record  abstracts 4362  26 

State  Officers. 

How    returns    published    and    result    declared ;    how    tie 

broken 4363  27 

Abstract  of  votes  for,  how  made 4364  27 

Congressmen. 

Members  of  the  senate 4365  27 

,  Congressional  districts 4366  28 

When  held,  for  representative 4367  28 

New  apportionment  of  representatives  ;  how  elected 4368  28 


MDEX. 


Congressmen — Continued.  Section. 

Special  election  for 43G9 

To  obtain  a  certificate 4370 

Presidential  Electors. 

How  conducted 4371 

Names  on  one  ballot 4372 

How  returns  made 4373 

How  result  declared,  and  proclamation  made 4374 

Failing  to  attend  and  vote  for  president 4375 

Miscellaneous. 

Power  to  maintain  order 4376 

Judges,  solicitors,  commissioned  by  governor ;  when  term 

begins   4377 

Sheriff  to  give  receipt  for  poll  tax 4378 

When  entitled  to  duplicate 4379 

Sheriff  to  certify  list  of  taxpayers  to  clerk,  who  certifies 

to  board  of  elections 4380 

Bailiffs  may  be  appointed 4381 

Penalty  for  refusing  copy  of  poll  books 4382 

Forms  for  returns  sent  to  proper  officers  by  secretary  of 

state 4383 

CRIMES. 

Elections. 

Betting  on 3384 

Breaking  up  ;  disturbing  officers 3385 

Bribery  of  voters 3386 

Discharging  employee  on  account  of  vote 3387 

Felon  voting 3388 

Liquor,  giving  away  or  selling  at 3389 

Oath,  corruptly  taking 3390 

Officer  failing  to  discharge  duty 3391 

Permanent  registration  ;  taking  false  oath 3392 

Permanent  registration,  officer  failing  to  discharge  duty. . .  3393 

Registering  or  voting  at  more  than  one  box 3394 

Registering  unlawfully : 3395 

Returns,  failure  to  make 3396 

Returns,  making  false 3397 

Returns,  copy  of;  refusal 3398 

Removal,  officer  acting  after 3399 

Taxes,  sheriff  to  furnish  list  of 3400 

Taxation,  false  certificate  of  exemption  from 3401 

Tax  receipt  given  without  payment 3402 

MISCELLANEOUS. 
Quo  Warranto. 

Writs  of  sci.  fa.  and  quo  warranto  abolished 826 

Action  by  attorney  general  upon  usurpation  or  forfeiture 

of  office 827 

Leave  granted  by  attorney  general  to  private  person,  when,  828 

Solvent  sureties  required 829 

Leave  withdrawn,  action  dismissed,  bond  insufficient 830 

Arrest  and  bail  of  defendant  usurping  office 831 

Claim  of  several  persons  to  office  tried  in  one  action 832 

Trials  expedited 833 

Action  brought  within  ninety   days  after  induction  into 

office 834 

Defendant's  undertaking  before  answer 835 

Possession  of  office  not  disturbed  pending  hearing 836 

67 


Page. 
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29 


29 
29 
29 
30 
31 


32 

32 
32 
32 

33 
33 
33 

34 


34 
34 
35 
35 
35 
35 
35 
35 
36 
36 
36 
36 
37 
37 
37 
37 
37 
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38 

38 
38 
39 
39 
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39 

40 
40 
40 


INDEX. 

Quo  Wabranto — Continued.  SECTioisr.  Page. 

Judgment  by  default  and  inquiry  for  failure  of  defendant 

to  give  bond 837  40 

Service  of  summons  and  complaint 838  41 

Judgment  in  such  actions 839  41 

Judgment  for  usurping  office  or  franchise ;  fine 840  41 

Mandamus  to  aid  relator,  when 841  41 

On  appeal,  occupant  of  office  to  give  bond  for  fees 842  42 

Relator  inducted  into  office,  when 843  42 

Damages  by  usurpation  recovered 844  42 

Action  to  recover  forfeited  property  for  state 845  42 

Clerk  of  Supebioe  Coubt. 

How  elected  ;  term  of  office 890  43 

Constable. 

How  elected 933  43 

COBONER. 

How  elected ;  clerk  appoints  for  special  cases 1047  43 

CoBPOEATiON  Commission. 

Number  of  commissioners 1055  43 

County  Commissionebs — Election  of. 

By  qualified  voters ;  number 1311  43 

By  justices  of  peace 1312  44 

County  Commissionebs — Powers  and  Duties. 

Powers  given  board 1318  44 

Justices  of  the  Peace. 

When  and  how  justices  elected 1409  45 

Stock  Law. 

County  elections 1672  45 

Township  elections 1673  45 

District  elections  1674  46 

Persons  within  territory  allowed  to  withdraw 1675  46 

Elections,  how  held 1676  46 

Powers  and  duties  of  commissioners 1677  47 

Local  Option  Elections. 

When  ordered,  what  submitted 2069  47 

How  conducted 2070  47 

Boxes  provided,  what  tickets  voted 2071  47 

Distilleries,  when  allowed 2072  48 

Saloons,  when  licensed 2073  48 

Dispensabies. 

When  established 2074  49 

Commissioners  appointed 2075  49 

Terms  of  office  fixed  ;  removal ;  bonds 2076  49 

Sales"in,  how  made 2077  49 

Municipal  Subscriptions. 

Counties  may  aid  railroads 2558  50 

How  made 2559  50 

Election  for,  held 2560  50 

68 


IISTDEX. 

Municipal  Subscriptions — Continued.  Section.  Page. 

How  interest  on  bonds  paid 2561  50 

How  taxes  for  bonds  collected 2562  51 

Register  of  Deeds. 

Election  for 2650  51 

State  Board  of  Elections — Compensation. 

State  board  of  elections 2760  51 

Register  of  Deeds — Compensation. 

Register  of  deeds 2776  51 

Election  Officers — Compensation. 

Election  officers 2784  52 

Sheriff. 

Election  for 2808  53 

Town  Commissioners. 

Elected  biennially  by  qualified  voters 2919  53 

Elections. 

How  far  this  chapter  applicable 2944  53 

When  election  held 2945  54 

Polling  places 2946  54 

Registrars  appointed ;  public  notified ;  vacancy 2947  54 

Registrars  to  take  an  oath 2948  54 

Registration  of  voters 2949  54 

Notice  of  new  registration 2950  55 

Registration  books  revised 2951  55 

When  registration   books  opened  and  closed;    who   may 

register 2952  55 

Registration  on  election  day 2953  55 

Vacancies  on  election  day 2954  55 

When  books  open  for  challenge 2955  55 

Practice  in  challenges 2956  56 

Registration  books,  where  deposited 2957  56 

Judges  of  election  appointed ;  oath  of 2958  56 

Judges  superintend  election  ;  poll  books 2959  56 

When  polls  open  and  close 2960  56 

Who  may  vote 2961  57 

Ballots  and  ballot  boxes 2962  57 

Ballots  counted  ;  result  declared  ;  void  ballots 2963  57 

Board  of  canvassers  ;  original  returns 2964  57 

When  and  where  board  meets  ;  oath 2965  58 

Board  determines  result ;  tie  vote 2966  58 

Notice  of  special  election 2967  58 

Commissioner  of  Agriculture. 

Election  of;  vacancy 3938  58 

Special  School  Tax. 

Special  tax  may  be  voted  for  high  schools 4113  59 

Special  tax  may  be  voted  in  cities  and  towns 4114  60 

Special  tax  may  be  voted  in  special  school  districts 4115  61 

County  Board  of  Education. 

Election  of ;  vacancies  in,  how  filled 4119  61 


1    »    *       3 


INDEX. 


County  Superintendent,  Section.     Page, 

Election,  qualification  and  term  of  office  ;  vacancy 4135  62 

Contests. 

Notice  of,  given 4406  62 

Depositions  in,  taken,  how ;  penalty  on  witnesses ;  what 
witness  must  testify  to , 4407  63 

Executive  Officers. 

Election ;  commencement  and  duration  of  term  of  office ; 
induction  into  office 5326  63 


70 


€& 


YC  08618 


